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2006/06/12 . SEVENTH MEETING Monday, June 12, 2006 From 4:30 p.m. to 6:15p.m. City Hall, Committee Room #2A & B 1) Approval of the 2006-05-29 Community Services Minutes. 2) DEPUTATION: a) Railway Museum Ken Jones 3) REPORTS: STAFF CONTACT: a) R-2006-16 - Recreation Property & Building End Use Denyse Morrissey b) R-2006-22 - The Centennial Water Molecule Denyse Morrissey c) R-2006-23 - Review & Evaluation: Next Steps New Indoor Multi-Use Facility Denyse Morrissey d) MW-2006-63 - Ontario A venue Heavy Vehicle Restriction Review Ed Dujlovic e) MW-2006-68 - Unauthorized Alterations to Public Property Ed Dujlovic f) MW-2006-67 - Consultant Selection Queen Street Reconstruction Ed Dujlovic 4) NEW BUSINESS: 5) ADJOURNMENT: __m~__ ,. IT - __.. 4" MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, May 29, 2006, City Hall, Room 2 at 4:30 p.m. PRESENT: Chair - Selina Volpatti, Mayor Ted Sa1ci, 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, Marianne Tikky - Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: Henry Badger - 5766 Depew A venue, Joe Corradi - 4320 Bridge Street MINUTES It was ORDERED on the motion of Mayor Sa1ci and seconded by Alderman Campbell, that the May 8, 2006 minutes be approved. Motion: Carried Action: Recommendation submitted to Council 2006-05-29. REPORTS a) MW-2006-49 - Fern Avenue Parking Review It was ORDERED on the motion of Alderman Wing and seconded by Alderman Ioannoni that; 1) a "No Standing" at all times restriction be installed on the east side of Fern Avenue between McLeod Road and a point 40 metres south of McLeod Road; and, 2) a "No Standing" at all times restriction be installed on the east side of Fern A venue between Cooper Drive and a point 20 metres north of Cooper Drive; and, 3) a comer restriction be installed on the west side of Fern Avenue between McLeod Road and a point 20 metres south of McLeod Road. Motion: Carried Action: Recommendation submitted to Council 2006-05-29 b) MW-2006-60 - High Street Parking Review It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Wing that; 1) a "No Parking" at all times restriction be installed on the north side of High Street .. II -2- between Depew Avenue and Woodland Boulevard; and, 2) a "No Parking" comer restriction be installed on the north side of High Street between Dorchester Road and a point just east of Dorchester Road; and, 3) A maximum 2-hour "Parking" restriction be installed on the north side of High Street between a point just east of Dorchester Road and Depew Avenue Motion: Carried Action: Recommendation submitted to Council 2006-05-29 c) MW-2006-55 - Special Event Request to Waive Fees Window Boxes of Chippawa It was ORDERED on the motion of Mayor Sa1ci and seconded by Alderman Morocco that Window Boxes of Chippawa be provided a grant of $400.00 to cover the costs for the temporary road closure and insurance. Motion: Carried Action: Recommendation submitted to Council 2006-05-29 d) R-2006-02 - Full Time Staff Position - Parks, Recreation & Culture It was ORDERED on the motion of Alderman Pietrangelo and seconded by Mayor Sa1ci that the Landscape Design Technician, a contract position in Parks, Recreation & Culture, be made a permanent position and added to staff complement. Motion: Carried Opposed: Alderman Morocco Action: Recommendation submitted to Council 2006-05-29 NEW BUSINESS . Alderman Ioannoni advised Committee that the fine for having a loose dog should be steeper. Presently there is a large dog in the Spring Blossom area that is let loose every day for a period of time. The fine for such an offense is $40.00 this is only after the complainant has taken the offender to court. The City Solicitor advised that charges can be laid and built on through the Dog Owners Liability Act (DOLA). The Chief Administrative Officer noted that the City is in the process of reviewing the City's agreement with the Humane Society. . Mayor Sa1ci advised that a resident Mrs. Lowe of 4239 Brookdale Drive finds the temporary pump station located at the rear of her property intrusive. The Director of Municipal Works advised Committee that staff is preparing a detailed response to Mrs. Lowe regarding the pump station which is to be used only in extreme events. . Alderman V olpatti advised staff she had received two concerns from residents. Firstly, the over abundance of four-way stop signs and secondly a noise complaint. The concerns -3- . sent by email were handed to staff for follow up. ADJOURNMENT It was ORDERED on the motion of Alderman Morocco and seconded by Mayor Salci that the regular meeting of the Community Services Committee be adjourned at 4:59 p.m. .- 'T . Community Services Department R-2006-16 Parks, Recreation & Culture Denyse Morrissey 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: dmorrissey@niagarafalls.ca . June 12,2006 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R -2006-16 - Recreation Property & Building End Use RECOMMENDATION: 1. That Council approve the expansion of Lundy's Lane Cemetery and the development of a pedestrian gateway with enhanced beautification on the property located at 7565 Lundy's Lane (former Recreation Commission building) by conversion of this property. 2. That an application for the expansion of the cemetery be submitted to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. BACKGROUND The City of Niagara Falls owns the property (0.165 acres) on the comer of Lundy's Lane and Montrose Road that is adjacent to the Lundy's Lane Cemetery, a cemetery established in 1820. The comer of Lundy's Lane and Montrose Road is also considered an important tourism gateway to Lundy's Lane. A report was included on the May 2,2005, Community Services Agenda. (See attached Report R- 2005-08) that recommended the conversion ofthe property for cemetery purposes based on the BMA consulting report. Key to the May 2, 2005, recommendation was that it was predicated on creating additional revenues for the cemetery by a strategic use ofthe site to achieve a revenue positive end use for this site. Due to an expression of interest in the building and property at that time by other organizations the report was deferred. Working Together to Serve Our Community Municipal Works' Fire Services. Parks, Recreation & Culture' Business Development. Building & By-Law Services .. ill June 12, 2006 -2. R-2006-1-6 Organizations that had indicated an interest in this site were Niagara Falls Tourism, Winter Festival of Lights, Niagara Falls Multicultural Network, and Lundy's Lane BIA. Communications from Niagara Falls Tourism, Winter Festival of Lights and Niagara Falls Multicultural Network are attached. The Recreation Commission Building was vacated with the relocation of Parks, Recreation & Culture to the MacBain Community Centre in September 2005. The building, while generally assessed as structurally sound, would require considerable remedial work and monies invested to continue its use for any purpose. Additionally, considerable water damage occurred in approximately February 2006. The building is not wheelchair-accessible. Issues related to traffic at this busy comer, coupled with the challenges resulting with entrance to and exiting from the existing parking lot, have also been identified as concerns. The 2006 budget does not reflect inclusion of any costs associated with this site to support continued operation of the building or property for any purpose or the costs which would likely result in the financial long term commitments of the City. Recent discussions and meetings with the Lundy's Lane BIA provided an opportunity to review how a dynamic partnership approach, including financial investment and commitment in the project by the BIA, can be achieved. The partnership project would provide for cemetery expansion while at the same time creating a significant landscape feature, allow celebration of the history of our community, and add a pedestrian gateway at the comer of Lundy's Lane and Montrose Road. A pedestrian gateway would also include a beautification project as a major component ofthe project to compliment the cemetery expansion. The cemetery expansion would include new plots (earth burials) columbaria (cremation niches) as well as a scattering garden (cremated remains). The support ofthe Lundy's Lane BIA to this project is outlined in its attached letter dated May 1,2006. A general concept drawing of this project is attached. Morgan Funeral Home and Patterson Funeral Home from Niagara Falls have also provided their endorsement of the expansion of the Lundy's Lane Cemetery. The need for more plots for the families they serve is also supported and recognized by the two funeral directors as outlined in their attached letters. Very generally, the project cost is estimated to be $320,000 (plus a $30,000 contingency) to achieve the gateway features. Recommended amenities include large trees (spaded), gateway pillars, significant and very dramatic horticultural plantings, stone work and landscaping, a major feature of a clock or bell tower, (the most expensive element of the project) historical and interpretive signage, armourstone accents, patterned walkways and benches. The cemetery expansion would provide for an estimated maximum of 300 earth burials and additional net revenues to the cemetery of approximately $200,000 which would be applied to the cost of the project. -- __u__ Jl1ne 12,2006 - 3- R-2006-16 All costs ofthe project in 2006 would be paid for from revenues generated from the sale of interment rights at the cemetery expansion, as well as from financial commitments of project partners such as the Lundy's Lane BIA, and donations. The breadth of the project would be adapted and revised financially for gateway and landscaping enhancements consistent with the financial support available in 2006. As noted, Lundy's Lane Cemetery was established in 1820 by the first Niagara Falls' Methodist congregation. The cemetery, which is located beside the "Red Meeting House" church, is the resting place for many of Niagara Falls' early settlers. Currently, the cemetery does not have any additional burial space and, therefore, is not able to meet the needs of families who wish to join their family and also have a resting place at this cemetery. The Lundy's Lane Cemetery is also a popular destination in its own right for reasons of community and Canadian history, (including the War of 1812) as well as for family genealogy. Prepared by: Respectfully submitted: Nd- ~lL' Cynthia A. Roberts &"' John MacDonald Manager of Cemeteries & Operations Planning Chief Administrative Officer Recommended by: ~ rl1nk'Q Denyse Morrissey Director of Parks, Re reation & Culture Attachments S:ICouncilICounci12006\R-2006-16 - Recreation Property & Building End Use.wpd .- ;,. Community Services Department R.200S-QS . The City of ~~ p..... .,,,,,",,, . C,Il,~ Adele Ken Niagara Falls 4310 Queen Street Director . P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 i ~ web site: www.city.niagarafalls.on.ca ~! trnlS MATTER DEFERRED BY COUNCIL I Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca May 2,2005 Alderman Selina V olpatti. Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R -2005-08 - Recreation Building End Use RECOMMENDATION: That Council approve the demolition of the Recreation Commission building (7565 Lundy's Lane) and convert the entire property for cemetery purposes. BACKGROUND The MacBain Community Centre is scheduled to open in the Summer of 2005. At this time, the Parks, Recreation & Culture staffwill relocate from the Recreation Building situated at the comer of Lundy's Lane and Montrose Road to the new Centre. A study was conducted in 2003 by BMA Management Consultinglnc. to determine the "highest and best use" ofthe Recreation Building once it was vacated. The attached Study looked into three options for the best use of the. property. The options are as follows: 1. Sale ofthe property to a third party; 2. Alternate cemetery operational uses for the bui Iding; 3. Development of lands for cemetery purposes. A detailed analysis, including a summary efthe advantages, disadvantages, risks and opportunities for each option was conducted by BMA Consultants. The final analysis recommends that the highest and best use ofthe propertY would be to "demolish the building and use the land for columbaria and other interment options." This option has the least risk and the greatest revenue potential. The Lundy's Lane Cemetery is located adjacent to the Recreation property and, therefore, the land transition to cemetery use would be appropriate. There is a high demand for burial space in this cemetery however, at present, there are less than ten single lots available for sale and there are several people on a waiting list requesting double plots. Working Together to Serve Our CommulIity Municipal Works' Fire Services' Parks. Recreation & Culture' Business Development. Building & By-Law Services .. III May 2, 2005 -2- R-2005~8 The 2003 Study recommends that the City should focus the property development on building Columbaria, with space left over for traditional burials. Staff believes that a better use of the property is to develop the land for traditional burial plots (double plots and cremation plots) with an area reserved for Columbaria. The rationale is that the first Columbarium was installed at Fairview Cemetery in September 2003 and the niche sales are slower than anticipated. Also, in September 2004, the City took over the management and operation of the Stamford Green Heritage Columbarium. With the two Columbarianow in operation, it is believed the market is not ready for additional Columbaria at this time. The projected costs to demolish the existing building, survey for cemetery plots, landscape and beautification is $75,000. Over a ten-year period, it is expected that 400 cemetery lots would be sold bringing in revenue of more than $206,400 and an additional $137,600 in Perpetual Care & Maintenance Funds. The future installation of a Columbarium will realize more than $100,000 in additional revenue and Perpetual Care & Maintenance Funds. Revenues are based on 2005 rates. A portion of the building is currently used by the Niagara District Art Association and they are in favour of relocating to the Community Resource Building. The Niagara Falls Concert Band also uses the building to store its music. Staffwill attempt to fmd the Band an alternative location. The proposed cemetery expansion was shared with the Park in the City Committee and they supported the option to expand the existing cemetery. The comer of Lundy's Lane and Montrose is considered a prominent City comer that would benefit from increased greening and beautification. The Committee unanimously supported the following motion made by Loretta Burke and seconded by Paisley Janvary-Pool: To support the third alternative and to beautify the corner of Montrose Road and Lundy's Lane and that the funds for development and ongoing maintenance be Included in the cemetery budget. Conclusion: Due to the popularity of, and public demand for more burial spaces in the Lundy's Lane Cemetery, as well as the proximity of the Cemetery to the Recreation Building property, Staffbelieves that the highest and best use for the property would be for cemetery purposes. Prepared by: Respect~s:itV ~~ - Cynthia A. Roberts John MacDonald Manager of Cemeteries Chief Administrative Officer & Operations Planning May 2, 2005 - 3. R-2005-08 Adele on Director of Parks. Recreation & Culture AK/CR/das Attachment S:\Council\Council 2005\R-200S-08 Recreation Building End Use.wpd .. II. 0E, C E ~\U E I'I"JI.KS. ... Jl\\lJ' ~ elll .. ,OURIsr OESTlNA'\O~ Niagara Falls, Canada 6400 Lundy's Lane, Niagara Falls, ON L2G 116 www.lundyslane.com May 1,2006 Attention: Denyse Morrissey, Director of Parks and Recreation City of Niagara Falls 4310 Queen Street Niagara Falls, On L2E 6XS Dear Denyse Thank you for the time taken to prepare for and hold the recent meeting where we discussed the proposed redevelopment ofthe site of the former Parks and Recreation Department Building. We are very excited about the presentation that was made to us regarding this site. Weare especially pleased that our BIN s vision for developing a consistent, strong and focused image for our area was addressed as part of this proposal. Your concept was able to effectively meld our BIA's needs with the needs of the community and the City of Niagara Falls as a whole. This proposed project would dramatically raise the visual, horticultural and historical perspective of this very important comer. This intersection has been identified in both the Streetscape Development for Lundy's Lane Master Plan (April 1999) and in the City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines (October 2001) as being a major entry corridor to our city. As such, the proposed and proper treatment of this space is of significant importance. The inclusion of a "gateway feature" and "celebration place" that includes historical displays aimed at to commemorating and recapturing some of the city's history of Lundy's Lane and the War of 1812 that has been lost with modem development in the area is critical to this proposal. Your redevelopment concept fully embraces these vital elements and, therefore, has our full support and endorsement. We also now realize and better understand the needs of the community with regards to our city's high demand for space at this cemetery. We better appreciate the need to demolish this building in order to accommodate both the need for increased space and also to accommodate the landscape requirements of this high profile intersection. We truly feel that a fair and appropriate solution to the redevelopment of this space been achieved. .. III This proposal requires a certain level of compromise on the part of both our BIA and the Parks and Recreation Department. As presented to us at the meeting the proposed plan seems to fulfill the needs of each party in a manner that is more than satisfactory. This improved vision is certainly worthy of our backing, not only in principal, but also in terms of financial support. Our BIA is totally committed to being a part of the planning process for this project and is fully prepared to offer and negotiate monetary input once we have a better understanding of the total cost of this project and the timeframe within which it can be completed. With our combined commitment to this proposed plan, the Lundy's Lane BIA and the City of Niagara Falls are ensuring the continuation of the much needed, wonderful changes that have begun to have an impact in enhancing and improving Lundy's Lane and the city as well. Thank you for your efforts to work cooperatively with our BIA and for addressing our concerns and our needs. Respectfully, ~L~~. Len Cade, air of Lundy's Lane BIA cc. Mayor Ted Salci John MacDonald MORSE & SON CHAPEL NIAGARA.ON.THE.LAKE CHAPEL 5917 MAIN STREET 415 REGENT STREET NIAGARA FALLS. ONTARIO NIAGARA.ON.THE.LAKE. ONTARIO 1-905-356-3550 L2G5Z7 ~ @J~ 1-905-468-3255 LOS 110 1-905-356-9916 FACSIMILE 1826 1959 1-905-356-9916 FACSIMILE G. ERNEST MORGAN, DIRECTOR PHILIP D. SCREEN, DIRECTOR MORGAN FUNERAL HOMES r,:~~,~.~-"---- MORSE & SON LIMITED RECEIVED www.morganfunera1.com September 30, 2005 DCI06 Z005 '_ PARKS, RECREATtON .- - & CULTURE ~. Mayor Tel Salci and Members of Council City of Niagara Falls 4310 Queen Street P. O. Box 1023, Niagara Falls, Ontario L2E 6X5 Mayor Salci and Aldermen: . Re: R - 2005-08 - Recreation Buildin2 End Use We wish to offer our strong endorsement of the recommendation offered by both the Parks, Recreation & Culture staff and your consultant, BMA Management Consulting Inc., to "demolish the (former Recreation) building and use the land for columbaria and other interment options." As indicated in their detailed analysis, this option has the least risk and the greatest revenue potential for the City. I would also support the idea shared by the members of the Park in the City Committee that the comer of Montrose Road and Lundy's Lane would benefit from the increased greening and beautification. As Canada's oldest funeral home (1826), and certainly Stamford Township area's first funeral home, we have been providing services to families choosing the Lundy's Lane Cemetery for many years, dating back to when it first existed as a Methodist cemetery. We have found it very difficult over the last several years to continually disappoint City families by having to inform them there is no longer grave space available at Lundy's Lane (as of this date, only 1 full single plot and 0 cremation plots remain unsold). It is very important to succeeding generations, that they are able to arrange for final disposition of family members in the same cemetery in which many of their former relatives are interred. We estimate that our Funeral Directors and our Pre-arrangement Planner have to inform Page 1 of2 ~-"' 6"""""" T""~.,~,,,< C~f\. ..~ '~ .. . ' .,' _,n,."..' " ., '.. 1 <...' 1-- t- """ ,,~.."'-"""--'-- C.""DIA""~""'" , ~''';'OI''''N''^I.'.''''"' .. III families at least twice or more each month that they will have to make an alternate choice from Lundy's Lane Cemetery for final disposition. The staff at the Cemetery administration office would not be aware of most of these disappointed families, as they would have been informed by members of our staff prior to contact with their office. Further, by increasing the number of grave spaces available for purchase, the City stands to realize increased funds for both operation and long-term trust benefit (i.e. Perpetual Care & Maintenance Funds). In closing. I again encourage you to adopt the recommendation of your Parks, Recreation & Culture staff and ofBMA Management Consulting Inc. Respectfully sub C~ G. Ernest Morgan o-IM(_~ c.c. A. Kon C. Roberts Page 2 Of2 RECEIVED May 29,2006 MAY 3 0 2006 CEMETERIES SEer iOtcl His Worship Mayor Ted Sa1ci Members of City Council Niagara Falls, Ontario Your Worship and Members of Council Weare writing with respect to the former Parks and Recreation building located on the northeast comer of Montrose Road and Lundy's Lane. While we understand there are a number of community organizations which would like to use the building for meetings and other events, we contend that the property would be better suited as a natural extension of Lundy's Lane Cemetery. There are many other venues in the city which could be accessed by local groups to serve their needs. Furthermore, the building itself is in need of repair and does nothing to visually enhance the surrounding area. We routinely get requests from families as to availability of graves in Lundy's Lane Cemetery. Many people have loved ones buried there only to realize that there is no space for future generations of family to be interred as well. Furthermore, extending the cemetery would only serve to enhance the streetscape appeal of Lundy's Lane itself. Our cemetery staff does a wonderful job in maintaining the property and many people remark on how fortunate we are to have such beautifully kept properties. From a revenue standpoint, undoubtedly the graves would sell very quickly. We know of a number offamilies that would jump at the chance to purchase lots there. We respectfully ask that your council consider this request which we believe is the best use for the property. Thank you for your kind consideration. uth-Ann and Ed Nieuwesteeg Patterson Funeral home .- II. >>> Monika Seymour <.. 1. msevmour{a),nial!arafalls.librarv.on.ca > 2/28/2006 11 :44 AM >>> Steve, I sit on the Board of Directors of the Niagara Falls Multicultural Network as part of our community partnerships/outreach commitment. As you mayor may not know, the group has been running programs for newcomers for the last several years out of St Pauls Lutheran Church on Victoria Avenue. This is a non profit group and currently they pay about $500.00 (under review) rent for the space they use. Since day one they have been looking for a permanent home for the longterm & one of the directors keeps bringing up the old P&R building. I wonder if you can give me a candid comment on whether or not this would ever be a realistic option - I don't know whether there are plans for the building in the future...but more in terms of running the building on a limited financial budget (in view of its age etc). Can you give me a ball park number for Heating & utilities....is it more than $500.00 a month? Your comments would be appreciated Monika Seymour -- Monika Seymour (Ms) Manager of Public Services Niagara Falls Public Library 4848 Victoria Avenue Niagara Falls, Ontario L2E 4C5 905-356-8080 Fax 905-356-7004 msevmour{a),nial!arafalls.librarv .on.ca .. r. rKar~ri :~itney ~~.E~d,: Par~~a~ndBe2!e:ai.i()n~~LJilcliri9". "~" ~..". "...... . ~, , """....." .~Page 1 j From: Dean lorfida To: Denyse Morrissey; Karen Kitney Date: 6/1/200610:25:00 AM Subject: Fwd: Parks and Recreation Building FYI >>> "Serge Felicetti" <sfelicetti@niagarafalls.ca>6/1/2006 10:15 AM >>> >>> "Anna Pierce" <apierce@niagarafallstourism.com> 6/1/2006 11: 13 AM >>> Dear Serge: Please be advised that, given the extensive damage incurred at the Lundy's Lane Parks and Recreation Building from a recent flood, the building would no longer suit our purposes for office space. Niagara Falls Tourism would like to withdraw our interest in the building. Thank you for your cooperation and on-going support. Anna Pierce Manager Niagara Falls Tourism 5515 Stanley Avenue Niagara Falls, ON L2G 3X4 Tel: (905) 356-6061 Ext. 17 Mobile: (905) 329-3608 Fax: (905) 356-5567 E-mail: <mailto:apierce@niagarafailstourism.com> apierce@niagarafallstourism.com .. III . FraivalctfLi his NIAGARA FALLS' ONTARIO' CANADA 9 , June I, 2006 Mr. Dean Iorfida City Clerk The City of Niagara Falls Via E-Mail City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Former Parks & Recreation Department building Dear Dean: Further to the correspondence date February 16, 2006, I wish to advise you that the Winter Festival of Lights no longer wishes to pursue the possibility of utilizing the former Parks & Recreation Department building on Lundy's Lane as a site for the Festival office. Should you have any questions, please do not hesitate to contact me. Sincerely, WINTER FESTIVAL OF LIGHTS Dino Fazio General Manager cc: Ethel White-Ashby, WFOL Chair Anna Pierce, Niagara Falls Tourism Serge Felicetti, City of Niagara Falls Business Development Office .. [II -----l - --". - --- i --- - I r-: i ~ -" , l . ' ~'" .~ " .". .:1;1. j j \ ".'. -# I " - I ..(." \ . . , I , , 4iii.' ! .,...._..c.. I' I i , i I I I I ! ! I / , ! i , , I \ I i , , \ \ . II " Ii ~ I ~;;~ - III ,,--. .. I i I L ~" -- . ~ ~ a: . . !!~ -g.... ~~D 2~ -_ t "CIW liu .Z 50 .u ~z < ~ 3Q ~ "Ill ... ~ UJ ) ~ 00 << u , .. ' · < ..J i jl <l: I) ) ~ ~1Il ~ < 0 J:~ ~o h. Ii ~" II <<~ I) a . t+ I" 0 . < o a: - Ul ., o a: ... z o ~ :Ii . ~~ a :& :l ~ t... ~ ! ~~ rl ~ ~ ! II oa: II ~ ! . .~ :I . ~ h il ~ ~ ,I ! jU . . I u . ~~ i ! I i g "'- lj ~ " ' ... z Z ... I u . ~;iu . 5 ~ a i a ~5 e ;~~~ i ~ !I I ~~ ~ !~.~~~~~ : ..5 {J ,0 ~ I>- > 11 t !~ ~~ ~i~I~~I~ ~ ~ .i ~~ i~~'~!~~ f' 4"" ~ ninhl"2~Hh {: ,~ \ III al ~ Uhul idl'\'4 HI :! ~ .llIucw....l.:l% _...It... - - 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 12, 2006 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2006-22- The Centennial Water Molecule RECOMMENDATION: 1. That the Centennial Water Molecule, 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 Selfa Arts Studio Limited at a cost of$13,090 with the Water Molecule component at $3,200. The molecnle was designed by then City draughtsman, 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 the sculpture, including Stevensville Lawn Gallery, however, the thought at that time was that because the molecule was symbolic of the municipality, it should remain in Niagara Falls. Consequently an Agreement (By-law No. 96-222 is attached) between the Corporation of the City of Niagara Falls Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recrealion & Culture' Business Development. Building & By-Law Services .. .. ---- - - June 12, 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 of the 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 of the 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 ubmitted: ~AC [' , frr John MacDonald Cynthia Roberts Manager of Cemeteries & Operations Planning Chief Administrative Officer Recommended by: ~~'~ Denyse Morrissey Director of Parks, ecreation & Culture CRJdas Attachment -~ - lTfV OFNJAGARA FAT.T.<: By-law No. 96 - 222 A by-Jaw to authorize a lease agreement with Hi.Tech Material Handling 1994 Ltd. for the City's water molecule. TIlE COUNCIL OF TIlE CORPORATION OF TIlE CITY OF NIAGARA FAllS ENACTS AS FOLLOWS: 1. An agreement dated October 21, 1996, between Hi-Tech Material Handling 1994 l1d. and The Corpor1llion of the City of N'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 to execute the said agreement and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said agreement. -~ ~ ~~ ~~ / ., I " R:'O:'KAiikA~;.~.cm'CLERK"""'" WAYNE THOMSON, MAYOR First Reading: October 21 , 1996. Second Reading: October 21 , 1996. Third Reading: Oc tober 21 ,1996. I. n -~ - THIS AGREEMENT made the 21st day of October, 1996. BET WEEN: TIlE CORPORATION OF THE CITY OF NIAGARA FALIS, 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 appeanmce of and commonly . , referred to as the water molecule (hereinafter referred to as, "the Water Molecule") and bas 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 THEREFORE THIS AGREEMENr WITNESSETII that in considerlltion of the lease granted to the Lessee by the Lessor and the payment of the sum of TWO ($2.00) DOllARS now pnid 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 a. foDows: 1. The Lessee leases from the Lessor and the Lessor leases to the Lessee the personal property, being the Water Molecule, together with any parts, accessories or attachments 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 shall continue in force from year to year from the 1st day of October in each year until the 30th day ofSeptembec in the foDowing year on the same tenns and conditions as set forth in this agreemen~ provided that either party may terminate this agreement by giving 30 days written notice to that effeot to the other party in any year and such notice having been given, this agreement shall tenninated on the 30th day of the date of the giving of such notice. -~ ,. -- ~ - - - 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 he 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 Mas is. 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 fuilure of the Water Molecule, it is the Lessee's express intention that any exclusion of liability operating in favour of the Lessor shaD continue to bind the Lessee. The Lessee acknowledges that neither an equipment supplier, nor any repair person, nor any salesperson is an agent of the Lessor. 8. TheLessee acknowledges that ownership and title to the Water Molecule shaD remain vested in the Lessor. 9. The Lessee shaII 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 fur 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 alIixed to or placed on the Water Molecule indicating the Lessor is the owner. 11. The Lessor and Lessee oonfinn 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 aflixed to realty and regardless of the manner in which it may become affixed or attached. 12. The Lessee shaII be respoOSlble for any damage done to any real estate, immovable property, - 3 - building or structure by removaJ of the Water Molecule (whether removal be effected by the 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~U obtain 1Uly landlord or mortgagee waiver as the Lessor may require. 14. The Water Molecule shall be displayed, used, and maintained at the lands nilmic;ipally known , as 4555 Kent Street, Niagara Falls, 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 Lesso~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 confonn to all applicable laws, by-laws, regulations and legislation in any way relating to the ownership, installation, testing, possession, use, operation, repair, maintenance. servicin& transportation, storage or bailment of the Water Molecule throughout the tenn 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 oflevies, liens and encumbrances and shall pay when due, and if applicable, all licence fees, registration fees, assessments, charges and taxes (municipa~ provincial and federal) which may be levied or assessed directly or indirectly ngainst 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 MolecuIe in a stale of good repair, condition and working order and the Lessee shall furnish all such parts or mechanisms required to keep the Water Molecule in the aforesaid conditions. 19. The Lessee shall not without the prior written consent of the LessOr make any alterations, additions or improvements to the Water Molecule. All 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 ofit shall affect or impair the obligations of the Lessee which shall continue in . -- .. II ..-." - 4 - full force and effect. 20. The Water Molecule shall be at the risk of the Lessee and the Lessee assumes the risk uf 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, Joss, confiscation or expropriation. 2l. The Lessor, its employees and specifically authorized agents shall, at all ieasonable times, have access to the Water Molecule for the purpo:;e of inspecting or testing it. 22. TheLessee shall obtain and maintain for the entire term oflhisLease, 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 (mcluding 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 less than $2,000,000.00, such policy to include tbe Lessor as an additional insured. and loss payee thereof: as well as "cross liability" 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 terms 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 he 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 ofthis Lease. 24. The Lessee appoints the Lessor to make claims and receive payment in accordance with the provisions of such 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 of it. 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 - Ca) default in the observation or performance of any other teon Of condition of this agreement; (b) the Lessee suspending business practice; (c) ifall or any part of the Water Molecule is, or may be in imminent danger of being con- fiscat.~, sequestered or seized under process 6f law; (d) any act by the Lessee reducing the value or usefulness of the Wat!" Molecule, including failure to maintain or repair the Water Molecule as required; Ce) 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 liquidation proceeding being instituted by or against the Lessee and, if instituted against the Lessee and defended by the Lessee, remaining undismissed for thirty days; (g) the private or court appointment of a receiver or receiver and manager or officer with similar powers over any part of the Lessee's property; (b) if any insurance placed or maintained pursuant to the tenns of this agreement shall lapse or be cancelled and shall not be replaced by another policy within ten days after notice from the Lessor to the Lessee; (i) the Lessee parting with the Water Molecule; or, (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 relurn 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 thereof: whether it is affixed to realty or not. and nmove the same, without order of the court and without liability to the Lessor for or by reason of such entry and taking of possession, whether for damage to properly or otherwise, and sell, lease or otherwise dispose ofthe same for such consideration and upon such terms and conditions as the Lessor may reasonably deem fit, and the payment by the Lessee -.-.. I. 11 - - - 6 - of all expenses and costs associated with such entry and removal by the Lessor; or, (c) forthwith terminate this agreement without tbe 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 an.d remedie;provided are cumulative and ~e not intended to be exclusive and in addition to any other right or remedy previously referred to or otherwise available to the ~sor 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 shaJl to any extent be invalid or Wlenforceable, the remainder of this agreemen~ or the application of such tenn, covenant or condition to persons or circumstances other than those to which it is held invalid or Wlenforceable, shalIllOt be affected thereby and each tenn or condition of this agreement shall be valid and enforced to the fullest extent permitted 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 FITS! Class Mall or Facsimile Transmission to the Lessor and the Lessee as follows: Hi-TechMaterial Handling 1994 Ltd., 4555 Kent Avenue, Niagara Falls, Ontario, L2H HI Telephone No.: (905) 356-6500 Fax No.: (905) 356-5988 The Corporation of the City of Niagara Falls, Attention: City Clerk 4310 Queen Street, P.O. Box 1023. Niagara Falls, Ontario. I.2E 6X5. Telephone No.: (90~) 356-7521 Fax No.: (905) 374-7500 - -- . . - - 7 - Any such notice. if mailed. shalJ 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 shaD be binding on and enure to the benefit 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 ofOntaria. 36. No changes, amendments, variation or modification afthis 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. ) HI-TECH MATERIAL ) HANDUNG 1994 LID. ) ~ ) ) ) Name: Nick Culaneri ) Tille: President ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) ) ) Name: Wayne Thomson ) Title: Mayor ) ) ) ) Name: E. C. Wagg ) Title: City Clerk .. 11 -."..-. "" '" 'i" '" '" '" 8'~"> I:l:I ("}(") ......~ I:l:I ... ~~ . ...'" ~ ;'I'DI'D~ . "'[S.!. ~~ (") ",.. ~ ~. a. ~ ~~ ... ~>-3 - 0 '" >..... ~ .,. ~ ~ CCl~ .... ~ = 4.... ~~ ~rffl_ eo go a'" a. 0'<> '" ~~ ,,~t!1.. n . Ct"t~;'" f;"-~~ lI> . !:k n . t:r"", Cynthja Roberts - Dancing waters at Square.jpg - - Page 1 DANCING WATERS AT SQUARE - Evening Review ot the civic square 01 midnight Thursday. The fountain photographer Gordon Counsell cought this -first picture serves os 0 focal point for the square which j!> the city\ of the woler molecule fountain, featuring dancing waler cffjciol centennial project. It will be dedicated 01 4 p.m. in it~ fOr1?frnnt pnol, iusl after it was put into operation tcmorrow. I. 11 Cynt~ia Roberts - Focal Point Chosen.jpg . - - Page 1 "0- . .f:~~.t~. . '; ,':m...'" XI'" :". \llij;-~;i~}i:d~~;': ":_:,:. '" FOCAL POINT CHOSEN-Derek Costello, 0 droughts- man in the city engineering deportment, is pictured with 0 model of the IIwoter molecule" illuminated fountain he designed for consia~ration by City _Council os 0 focal point for the Centennial Civic Square. The design was approved Tuesday on 0 5-4 vote. Colored water will cascade from flooting electrons and stream down the centre into a moving pool below. T atol cost of the finished fountain was est.imated at $9,500. (Review photo by Roels) , , --...---....-----.. .. 11 Cynt~ia Roberts - Focal point for Centennial Civic Square.jpg - - Page 1 Focal point for Centennial Civic Square Illuminated fountain picked by council IN-"""'k By MARILYN ANDERSON II. Eidt, " sale model of the 'ltypo.. S11lT01111diogs in the civic The mayor also said ~ Ud AlcI.SeoltmovedCOllllcilIP. prllpOUl SO lbf 'COIIIleO. "nil 1I'a1101'moIet:uIe loulda _-'I square.c-n.:l1gav....11Irtber lc-arDed IhtIMlP !be library' pro".tIIe)laklolIlleJ.WI.sta- ,get... wUlIeIIMr alfaiB 01 IIII! Aft... ,.early" yur .. dudy ...veiled by Mr. Eldl_C 1IIilh c{JllSidenUon to the pl"opo;sal. -..d llIat the bibe ut 1IMIiaas UletobetulIa.........udDOl m"""'lpallt)r.~ allIidebate- It one Slallc: "d"ymoddollhe)lnlpl)led tbe!.~"'.ldoltbeJo(iot lndadhot: tba.loullbla at a cost lk aoteo! lIlaI. wbn lUJor .parki", CGmmunllJ.~ __ MIld oIlbe )list fOUllUla. STREAM OF WATER bebIced to "did IWll bolieY" '" dJn,m..'l'beJRGtlORlI"._ trlI~, - the seledioD'ol . 'lbe dly efIc\Mer tlpblned bu_ saallfte." He did IIlIl. oIllIedb)'Ald.Mdlabibutillthc HlIlerJSlUlMllaftkeIaJ_ focII point IlII' the CalIermbl Estillllled fOSb "" the: two tho Wlltt IIMIIeeuIoe Cl)IICeJlI. elilblnlL ensuIJIcfOtt,onl1oneOllletaJ- ..."IIt,"lmIlltdbtdy,xdaon CiI'leSqulreatlcost.rI*,.5OI propooaIsll'eR debDed u lot- 1l'<Il1IdllaYelbewalerfalllllll'In- lIilrmJIolUpplll'tedthelllO'Oe- to Yld" 00 ftDlIIDc" 'DCaI 1OunlldoTuetdayby at)' lows: Iethe~fnNnfloat/agelec- Ald.PhhlpDowni.o,pci1lted AIcLMce.lIam. poiat"Ihe~,-..JPro- CGundI.....spJilwl~ t._.Jt,..,.,Jd"~........... ealeoundlhMaotaded.... ...-r."deeanlIftfolmla&l." Selededll'u.~ltJugineer' ~:~~::: :::"'~tre..intO.lllov1ngpool ~a:,=~.~,: ARCandmotiola.adv~ Wblle,AW.~,di4Jl11tbe- byAJd.Be.-.sIllllAld.M.1i1!1l IleY6tbeWlller,lMIeCaJtll'U In.:JXIlpOUJ'or. ""ater1DGle- krl"ts lei" lItalnleu ateel con- j4illioobemJH"cvundlJe'lbU "allcdflll'lppnnJtlllIe,..16' Il1bUc, It.. ......Ilft-I.... elIle"JlhrrQIDaudfolmtainol ~ p,soo. DJamlDRed 1befotmlllll.elkct.ftlrtbe -dd'bepill.caiMlue molecule fGunt.. It" I rosl of NllllalbalsknWd~ staitr.l... steet --.1lIdi0ll. at loalIUIla with ~c mIGred lbld of the)llst. pnpaat youJd ....uo. to partladl f J:; s;.s..llranied..aWTOle. .. .....lqIl&R>podlulll.((Ifte~ ..akr. ",DOlI; ""'.1 rost. $8,5Of. oeewltereaseadil1CfrOIa.the lDthe~.~" of . ,..etllll. Ihra)'ll mcmnc ..abt of I IlIJde ludI... mIidea AId.~oppl:IRd~ "WhllIt....~_ ,.... ~ Waid of the Mhl lcIuIlIaln poised althebriakoflllefllk lie lICIte4tbe"'ljQrltJ"'dtl.- _'-~bealdttHd tot.. ...wiIII,lhelWdel,1lIe L1nL.l1o tbe apprllVal..." -"utia fillrtclu5. labor ad wilh the Up 01 a,dll.t'llli"''''''' >ellS III NiqIl1l hll& "lDl! beenbl$....entandlng,tllatblt- MIsI-slaeek"beeablrDed tb. rejldloa..,. -u. oil maleriall.fll.tm;llIUlllahl.~.' ai_fool. Cbristl_"laItif QRIIIl:it.. forel~WQ.lldethe dun,11IIl~'t..cilIiPert Mlid tI tile MIlt fOUlllaln II Il(1O; 1obl-$17A,east. 111 AId. ..."Balll.-ldi1eu5- j.eted 10 the I: tI C)InIpOSal dlJwoald~lIlCldeII;lIIdplo- lbentlr'~~_ I lIiulmllll.l am tI,S23,m alld bropn. labor and materlab. sion..lhea.-bJpoIa/JDloal. Il'llllllpoinl.of-riewvl.Di turee.vlfoantablseallblbhed .....w.eu~'.1O Gll\er ...irIlnlUllloffn_depea6. In,23:2; leurrtaiD. ",000; Iotal. itbldlloeen4eemed"'llOlpr_ 61lowInc'"YOrillIrol100lrlsltall- e-",,"- TblabadllOlbeen IlIatIen,"Ald.IiW:B;,Ia',.w. b>c...thel1peal~ $23.232. tleal..to_.dlemic:d,aubst- 1tt..,....U_..._C'OIIlC """. AOc:onIlDctoillldJ~ ..... AId. araast.mp's prapoul. _"',.--.t.aterlrMllPc ."Q'froa.lIIlIdhln&,deIlotlac HI..1lI hi 10M abo oppoMCI er's npert.' '" Va 13. lha hltbewlrater 1lIIIPthI. Chr1stJulty.Ild<<llllbIClowanf Comtdl also bypassed. aut>. IorwhlcbDlltllelllOilelw. _tbIna: that ill papa (.lib ~lhawatft'IIIOlKu""'" ~"lkislPY1IIIId" mbal... br AId. .J1Ibu 6"u- ...uable,wu~l. For-lhisre-.llIalhldol tbeX.Wl1ltheMistprUpaAn." ....Illlt...wOrttllrt... dude.Jl(iII.......MbJn kamp.~lbe.)Ialdvl 1keIo:b1Gnl.lldiboWedIN.1d Ulelililtprqltlllllftlllellto Itw....rd\edkliIOa~IIIi.l. IeelE:UsllDa'..pIUnlbbic.atllae lheMilllr-taInCGnC:efll_wItIto. olIbaMllt.......eeIltred"'. IwIw -1nOl'l! to ,,"er'." U sUr. .U ft ...... "'" . ineeriaIlllaff;I.atAW.:.MIldId- poo!of Wlil<<.Ira.it..ilia- 1heellmlri;,llIlnolwaterlalhe CIlrisIlneou<:ept.lfafltoaee _AidhlraIWlo_.,. lite..... t...d,"Iba" IIlllll.tWefllkbaoildrop-eI!\. a1"'aJlboiI"aildlil.:.wplmitl- lIIaledbylhe.Iderm..""... lallnreplkaol.lbelilk-.bfdl wiater "1rDIild ..;em w detnd bow..'NIl..ropt. ~ lblq:artisUe.houtlhemncept. l!otdof$t,OClO. "'ll<Ildf_tbeflllilllahlellec:t. leu fromtbeU.ld"slaelhl:re _," AId. DowDle uld.nc. HOIlEAIt'nSTIC ill&:1Illd1Ddp'aDdea~ WGl1!d1till~thllllatuetoal' islerlD&bIa*'PPOrtollhe.... .,sthil.-W~Io...J. Appnrf'alofUlew.ler~ 1t1Jouldbe.&lJAila:r1o.'- 1rad..tltIltIlIII.AId.IIacll...;. t.ormolKale_'-iallI.IIC1WO- "1 pleaclrib ftIIIIlC!lllllt-ID itaned. ""fl\lillaln".iDeon.s.-t~ Isln, Riled bebInd the Jwmer ..... sedtotbeM.Woltbel4l$t. Jl'Ih.at~I"'deiIperi- oriIb'eppos/Il\lllfromaldennm Allba$Udar JteioU:Urant, II.. M.yar Fuotllll-'.J:'WlIIa-- Ald. &ott Slid 1bn"e wa tiOIIbUL.taIk,to.IrliIb.....er- "....~......wbeU E.E.WtdldJoi>.JoIl1IGrIlS-- knowDaslbeli'...u.fablellRest- u!igepeepJelatlibaruand feet.blp....lI.,eetwld.iWttk III11p.W.lierScett.DdI.IIM~ .1irI1Il.... _.limdy's Lane, wbo,""rlJ:brFrbnlafJ~ _adedsl.ma.s...1be c:Gme lip wIUa-eth!IIC,'more CaIlu....Suppartbig'tnemolioll AW.-Gralll:...,"Aldfil.wrlI- .11)' recomJlM!llded a water '-- Kille iIUU. ''I beJkotewe ar&tlc .1Id IIIOre ueali'l'e," 1be.IoUIItaIG~....&wilI1 1Rfe~"aboMartln, IellsubcDlIaIolllolheeit)'mc- tam'bel:OMidered...I"''' dldII"tadllllllt_w-rwlhe Aid. MltdaeboIiros:dil. "~""PInI-a"",clQut... PhDlp po.nle,llmPrilr, Eft!.. m.". polntflll'ihelllJU'R-Sliclr. 1IIIler,"lIenld. .1ll'~.'J1Ie~.. lI'I;,llarsI:.ndA.A.lIacB.l:ao. [~allbeelilll\lIItiGllof AId. MadlIID.. wiIiII~'" slp_.abQed,at,~ Mr. Eldt IItIIed 1be Graas.- water In 1FInIer IIIl1l11hs,lIIe "VlII'tbatl'U5Oll,"Ald.Dow- I)'IIllJlIlOi1iDI AId. SeciIl"llMt- DONE -aT "EXI-ERTS" hlllpprllpllUlwaafw.''Iro.. Makhllhelfial_Id"stll111e ...WKjeded.iD..........fd"- "'" flll' IlaeMakt eflba Milt '"tl!raad_D-~.1ilaj. FlntIlllroduced.1a CO-:II 011 life rIrvdIIr.... ..... Ite DfRI- .fouIIWJI....wouIdtbe_Je.- _lotMClIrlsum-paC.. fOllll!ala.aa1d..........~ ~ " u.. macm. Fcb.13bJcttyengir>eerConr.d led cIoubtk_1d "lit.. tile wIe1ile;,. _. -:IJ laauPPortllle..;.L!r-'1IioIecaIe - i I. II Cynthia Roberts - Fountain designs considered.jpg - - - Page 1 TUESDAY, FEBRUARY 14, 1967 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 For Centennial Square - FOulltaill desiglls COllSidered The city engineering depart- major components of the Nia- The "molecule" design would ment Monday demonstrated its gara scene. include a pool measuring 24 by cteath,ity with presentation of The structure would be 12 feet 72 feet. The molecule itself plans for a Hwat-er molecule" would be composed of stainless illuminated water fountain for high and 10 feet wide. The steel or aluminum. Mr. Eidt use as a Centennial. Square foea] fountain would feature flowing explained that elOisting plumb- point. water - giving a sense of con- ing at the site could be used stant movement. in the design. Although addi- City engineer Conrad H. Eidt Est4mated cost: $10,500. tional plumbing and an expand- a ctually introduced council to cd pumping system would have three possible fountain designs, CAST STUDIES to be installed. recommending the "molecule" A second proposal also ga.ined An engineering study, approach. council's attention. It featured Mr. a sculptnre form of the Maid Eidt said, indicated .tbat use The proposal calls for crea- of the Mist atop the fountain of a. substance to prevent water tion of a molecule _ structure, structure. Estimated cos t: freezing in the winter months complete Wlith the exact num- $14,500 to $15,000. was unfeasible. A cutdown of ber of floating electrons, set on the fountain flow would be a square podium at one end Council authorized Mr. Eidt to 'necessitated during periods of of a graceful, always moving proceed with detailed c os t low temperature. pool. studies of both proposals. A motion authorizing' the cost Mr. Eidt expl"ined that the Council last week approved study was approved with only design was. aimed at symboliz- the water fountain proposal as Ald. Edward E. Miitchelson ing water and energy - two a focal point for the square. opposed. .- 11 Apr.28. 2006 10:45PM No.1m p. 1/1 ~ ffi-_ M........lIandling ".. Ltd. LEGAL DEPT. The CIty of Niagara Falls, Legal Serviees MAY 0 1 2006 4310 Queen Street, Niagara FaIls, ON L2E 6X5 ACTION DISCUSS Attention: Ken Beaman INFO Upon receiving your fax, we were surprised that there was concern regarding the Water Molecme. As you are awat'e based on Ollr 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 bad 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 ooce again contaded for his response as to what the city was requiring of uS, HI- Teeh wanted to aequire the molecule since the sy.mbol of our company is a molecule. Betty noticed that the Water Molecule Statue was sitting in the yard at the service center, She continued to monitor It alld notieed It sat in the yard for quite some time and decided to call City Han to Inquke 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 ehose to have it leased Instead. Our company Is once again prepared to make an offer, I look forward to receiving your response. Sincerely, Hi- Teeh Material Handling Per: ~/ Niek CoJanerl, President. 6913 Oakwood Drive, N"Jagara FaDs, OnOOo, Canada, LlE 6S5 Phone (90S) 356-6500 Fax (905) 356-5988 E-lnail bitech@eaninet.coDl I .. .. - - - Community Services Department R-2006-23 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 12,2006 Alderman Selina V olpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2006-23- Next Steps: New Indoor Sports Field Facility RECOMMENDATION: That a comprehensive review be completed that analyses the need for and 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. BACKGROUND: In 2003 a Request for Proposal (RFP) was issued with respect to the construction and operation of an indoor soccer facility by a private developer on City owned lands at Kalar Road Sports Park (Home for Girls Soccer). Following the issue of the RFP, a successful proponent was chosen and a Memorandum of Understanding (MOD) was negotiated and executed with that proponent. A subsequent ground lease development agreement was not able to be successfully negotiated. A number of extensions of the MOU were granted by Council to the proponent in order to facilitate the development. On March 6, 2006, Council made a decision to grant no further extensions of the MOU andstaffwas asked to report back on the next steps to be recommended which is the subject matter of this report. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development' Building & By-Law Services -,r- II - - June 12, 2006 -2 - R-2006-23 NEXT STEPS Based on provincial growth projections by the Ontario Soccer Association, industry sport trends, and the growth ofthe sport as experienced in many Ontario communities (the conversion of fields to soccer from baseball/softball for example), as well as the strategic plan (draft) being undertaken by Parks, Recreation & Culture, it has been determined that soccer is a sport that is expected to see continued growth for the next ten years. Information from a preliminary analysis in the strategic plan (draft) indicates there is an oversupply of fields for those sports that are experiencing significant decline and there is an under supply of soccer fields to meet the need and growth projections for our community. However, the final strategic plan being undertaken by Parks, Recreation & Culture must be completed in order to verifY such trends. That final strategic plan is anticipated to be completed in September 2006. Staffmet with representatives of Girls Soccer on April 19, 2006 and at this meeting the organization indicated their continued support for an indoor facility. Their subsequent letter of May 10, 2006 is attached. Given the number of other sport organizations, in addition to girls soccer, that currently use outdoor fields in our community, and who would also be potential clients of a new indoor sports field facility, verifying the extent of demand for such a facility should be inclusive. Development of an indoor facility that could be responsive to the needs of other field organizations and thereby serve a wider client market in Niagara Falls is recommended as equitable and strategic. This direction, to include consultation and involvement with other field users is also recommended as a key component of the process given city owned lands are being considered for a new indoor facility. Completing a comprehensive review, with a target date at the end of November 2006, will provide critical information to assist Staff in making a recommendation regarding the need and market viability for such a facility. It would also identifY costs that Parks, Recreation & Culture would incur as a result of process and would recommend inclusion of such expenses in the appropriate annual budget. Staff has outlined a model (attached) that could be used for the development of an indoor sports field facility which is based on a "3 P" Model (Public/private partnership). Recommended by: Respectfully submitted: ~~{-< ~ ~~ Denyse Morrissey V John MacDonald Director of Parks, Recreation & Culture Chief Administrative Officer DM/das Attachment V:\2006COUNCJL\060612\Rw2006-23w Review & Evaluation Next Steps - New Indoor Multi- Use Faciltiy.wpd - - ." . - v " " t: ~ E.9 4> <!l !=; - CI) ~ E '-0 e~ ~~8E .~ ~ 8 ~~ ge8~ ~ ~ N ~4> ~Av~2>~~ ~ .__ o~~~.-cc~ ~ =~ u-.,J..U....v.:l_"'...... ,.::; v"" ;Sp.., . . . I b <; '- .3::> ~:E' "'.~ /l.icB 4)0 8.....:j C """'_ (,l'i::c J:i::: Sc5ii:c 2p...9 C) Cl.o._ ~ bO g Q., "'0..... ~ ;;jt)j;;cB ,gcc~ .... t.':l ..... 0 go..... ..... "" ::3 0 '" - '" 02:0 g~"i)eEg."B:~"'~.5 11~ .E."'(j8.~2-5g~~8- g.~ ~C2QOUOCl)Q!-o e:::___ ..... .. I 0''''0 ~ ~ "i;:' ;>, ... :;j "'.'l '!;,'H"_ Q::;"'~_~l::c;.o ~~~ "'iS~>C ~ 5 ~'O 91 5 e 5 ~tta~~o9..8:u ~ ~~~~~~< o ~~ ';;;ifl p~ 1': ~ I I So.. ~ ~ ~ n~, '" II) << ~~ 5~>.;; :g: _'~_bllO .. S '.p!Q C P a:l .... .... 0 "l;:I ~ .!2:= c.c 5 --~.::liS. '" '" 0..... ~l:: (,)._",.0. S 0] ~ .- Q., ~ .90.....~ c,::, ~ 0 ~ '0 a ~ > e 5 E .~ u..... go <(.- ..-..g S .'t:: 0 .... - .s, c o...!! Q) g. 3 ~;r ~d[~ ~ e ~.~~ ~.&~~] ~.~ 1~8~'~-f ii:U~8'~!- Q 1001 ..a: e.t.t.OUCf.)_.....,.::;UtL......CI) Q):;j c.:: r;, .= --0 et:::0' : ~ .. . o p .sea:::... . ~b I I e~ g< ..... 0.. = I -g t 5 '" e~ . ~ ~ ~ ~ ~ i ~ ~ !2i" 0 l" ~~..~"" ~ t:: a l) 0 g.~ ~ S tlll ~ a ~~ g ~.~ 8 ~ ~ ~51 8 ~~~g I~it <~~g~1 .( p,~~.- G)S 000... 1iiQ~l: 0. v.l'gS:::<<:Ip" !;l8~ l'~~~.~.~[ :E~l~ :E6S~~ ~!~~~~~:i! o.,,5~8Q" ,"~B O"."uo~ Q {;up;j c.:o.::l .s~e.s.. Cl ~ s.5E-oS I I I 8 I ~ I I'~ B ~ ~ eEE a 0 .!3 ." 8.u v C '" 3 '" ?> l;ja80.c:~ui~.....lo 5..-. ~o. s::: ~ p" '" a -o.~ ... ~ ~ 0 ::=; 3 OI)..!!! EtA.....::s g '0 ~g~~~.~~].~~8 t ~'5~]"~ .g.g ~]r3",'s ~ ~P::.s~~~~~~ $E 8 ~ ;r~ ~~ ~ 10~ ~S~ ~8 ~ .g $a2 *....-:..5,o-.;1.;:;;~;; II) izl<oo<QU r:! 8.sCL,~ZU .s ,"'-.3 .,0 " K B g"" ~ - _Q e 0 <.) g '~._ I%l.=: f,l:l ~ c.Cl..i ... i:i3... . 00 U CL,. ... '" :8-or: [3o.e"O 0.."'''0 0. ;:J c>.Jl ,jl",!!i.::;: :;j,lj.l! :;j ~ I I ~ I i .~ ... 3 * tl '" ~ .e.-=: .~ :g ti .5 ~00"O- <.)..-.u<.)~ 0 ':::Ou5 "">a.c:lf3t:O '" ~~t:s ~~U',:::~<<I:::'>-'3 ~ ~~uo .-U{/} -,..IoOS:::.-=:s:: .::: "o.;ius:::~~"o~I!~~i~,!(! ~ s:::v.lp,....o.c:,.o~ ....s::o.._t::.o ':s: .0 >- >,<2'''' ~ g - ~.- 01;j a > 0:.; -~. OJ;;; .0-0....0 . i':'... " G ."- ~ ....., v o.~ Is. '" 0_.:::- O-o::r: e-.:::::s 4) c<S b > j;;;... i~!1.~o~~~~~00~8i~ 1i ~;l.s 8. . . . . . . . . ------ 1111 II - - --- 'Roc c ~! VE~ /t}rr; e: .",.. . C= <.-' .'Ii xo\\S Gfi: L MAY \:., ...;:... : ~/ . .... '<~ It:: U \\! E . If! ""v o ~ PARKS. RFCRJ:AliVi" "'. , . 15 2 Pi<l;U".... '. .. .'{]06 U (j <b & CUiJ\RE ..fif.e, '. 0 <& e.v~''l''Oi~1 O' () -::t Q) TeamWOllc for Tomorrow Niagara Falls GiTI's Soccer Club Box 652. Niagara Falls. Ontario L2G 6V5 (905) 358-3622 web site:www.nfgsc.org May 10, 2006 John MacDonald CAO The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 Dear John Please consider this a request tha~ we might be able to create some dialogue to reconsider the indoor facility on Kalar Road. I understand you spoke with Bob Benson about this possibility and you may be aware that I spoke briefly with Denyse Morrisey at Parks and Recreation suggesting that we would be interested as well. She had suggested that the approach would be entirely different concerning a much more comprehensive RFP and the NFGSC agree that this makes a lot of sense. I look forward to your response. Sincerely, Andrew 984-1749 -- - Community Services Department MW-2006.63 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 12, 2006 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-63-0ntario Avenue Heavy Vehicle Restriction Review RECOMMENDATION: It is recommended: I) that "Heavy Vehicle - including buses" restriction be installed on Ontario Avenue.IPahnerAvenue between Bender Street and Queen Street; and, 2) that "Heavy Vehicle - including buses" restriction be installed on Bampfield Street between Palmer Avenue and River Road; and, 3) that "Heavy Vehicle - including buses" restriction be installed on Eastwood Crescent between Pahner Avenue and River Road. BACKGROUND: Staff has been requested to review Pahner Avenue/Ontario Avenue to determine whether heavy vehicles, particularly tour buses, travel on Palmer Avenue/Ontario Avenue when accessing the maintenance facility located on Bridge Street. Palmer A venue and Ontario A venue are collector roadways consisting of two travel lanes, one in each direction extending to the north and south. Palmer A venue begins at !lender Street and continues to Simcoe Street, where Ontario A venue begins and continues to Park Street. The traffic volumes on the study section are considered low for this type of roadway as the most recent traffic studies, conducted in October 2005, reveal a total of2034 vehicles in a twenty-four-hour period. The width of the roadway is 9 metres, and the roadway is located in a residential area with homes located on both sides of the roadway. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development' Building & By-Law Services --_._~,---_. .---"'-111 11 _..------ June 12, 2006 - 2- MW-2006-63 Staffhas conducted observations on Palmer A venue and Ontario A venue to determine whether heavy vehicle restrictions are required between Bender Street and Queen Street. Although during observations no significant heavy vehicle traffic was noted on the study roadway sections, it is one of several possible routes for buses, which require access to the maintenance facility located on Bridge Street. It is a convenient route as it connects between Bender Street and Park Street, with low traffic volumes allowing heavy vehicles rapid and unimpeded access between other collector roadways. Another possible route is via Victoria A venue, however; the roadway contains many signalized intersections which cause delays and increase travel time resulting in heavy vehicle operators seeking alternate routes such as Palmer Avenue/Ontario Avenue. As the majority of Palmer A venue/Ontario A venue is a residential area between Bender Street and Queen Street, heavy vehicles create unnecessary noise pollution disturbing the peace of the neighbourhood. Additionally, the roadway deteriorates due to the use of heavy vehicle traffic. Based on this information, it is recommended that heavy vehicle restriction, including buses, be installed on the study section of Ontario Avenue and Palmer Avenue between Bender Street and Queen Street. The remainder of Ontario A venue will remain available to heavy vehicle traffic requiring access to the commercial area. This restriction will prohibit heavy vehicles from utilizing the roadway, and thereby reducing the amount of deterioration occurring on the roadway surface caused by heavy vehicle traffic. However, vehicles making deliveries to the area will not be affected. The restriction will also reduce the amount of noise pollution in the residential neighbourhood. In addition, restrictions are required to ensure any heavy vehicles do not become entrapped should motorists' attempt to enter Pahner Avenue or Ontario Avenue on roadways which terminate as a dead end on Palmer A venue or Ontario A venue. The roads included are Bampfield Street, between Palmer A venue and River Road, and Eastwood Crescent, between Palmer A venue and River Road. These roads connect River Road and Pahner A venue, and a high probability exists that heavy vehicle operators travelling on River Road may attempt to access Palmer Avenue via these roadways. The primary route, suggested to heavy vehicle and Tour Bus operators, is Victoria A venue, which provides access to Bridge Street and the maintenance facility for tour buses. Other heavy vehicle operators will also gain access to the commercial downtown area via Victoria Avenue, which intersects other collector roadways in the locality. As well, once the signs have been installed, it becomes a Niagara Regional Police matter for enforcement. All complaints are directed to the NRP. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: /w 8----- Ll~{L Karl Dren, C.E.T. Bcr John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved b : Ed Dujlovic, P.Eng. Director of Municipal Work Bart SkibaS:\TPS\TPS J.OO Administration\TPS 1.06 Reports\2006 Community Services\06 June 12\MW-2006.63 Ontario Avenue _ Heavy Vehicle Restriction Review.wpd - - -- Community Services Department MW-200lHlll Ed DuJlovlc . Director June 12,2006 AIdennan Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-68 - Unauthorized Alterations to PublieProperty RECOMMENDATION: . tak .. .. . 11 t-\-h fOr-tbe (ut'ivc& ~, --\\1e ',~kcf\{)'+litn of That City staff es ap!ropnate legal action If necessary. M. U e . l CuiYw"i.\ke..1hoJ<t.~(L GW! be.p(~ClI'.{j --l1,,,t "Jlowc"hJ-r 4u -h,~e. aPPruprl[.lk k~rl <<l~O(\ ({3((JC lns BACKGROIjNO: lft\()ll.-thOCiZect... C\..\terc\.-hons -k pu'ok frvf'=(-f~. City SllUfatein the process of dealillg with a nuIDberof altilrnations that have occurred to City sidewaIksilnd cifrbs for several properties without obtaining prior approval from the City. Embassy. Suites In FebI'uaxy2006!l mee~gwas held with representatives from the Embassy Swtes to disC1.1SS the potetitial of providing ;ldditional access onto Fallsview Boulevard for the Hotel. City staffundertook a review and it Was indicated in conversations with staff of Embassy Swtes thatCity staffwouldnot be in support ofwid~ or providing an addition8l driveway Ol1to Fallsview Bimlevarddue to site plan and traffic safety concerns. In late March an emaiI was forwarded to City.stafffrom Embassy Swtes raising concerns as to the City's position on the matter and indicating they would be wil1illg to undertake any traffic study necessary to support their request. In early May (see attached letter) a detailed response was forwarded to Embassy Suites explaining the City's position on the matter. Unbeknownst to staff work had already commenced on the widening of the driveway for Ernl:Jassy Swtes on Fallsview Boulevard. It wasn't until the work was 90% completed that staff discovered that the alterations were being made. Based on the concerns as out1illed in the letter of May 9, 2006 the City will be requesting that the driveway be reinstated to its original width. Failing that the City will undertake the necessary wolk Working Together to Serve Our Community Municipal Works' Fire Services' Parks, R8Cf8Stlon & Culture' Business Development. BuRding & /l}'-Law Services , -- --,y- . ~ ~ - June 12, 2006 -2- MW-2006-68 and take any actions necessary, including legal, to recoup the funds that are required to carry out the restoration. Radisson Hotel Across from the entrance of the Marriott Hotel on the Radisson Hotel site a curb cut and alteration to the sidewalk was undertaken to allow for parking for vehicles from the Marriott Hotel. Staff is unsure as to the timing when this work was carried out but it has been in place for some time. This work was carried out without approval from City staff. City staff has safety concerns with the operation of this parking lot that is directly opposite the entrance for the Marriott Hotel. The operation of this lot is such that cars have to back out onto Fallsview Boulevard. The City will be requesting the Marriott to reinstate the curbing and sidewalk to its original condition hence removing this parking facility. If no action is taken, the City will proceed to carry out the necessary works to reinstate the curb and sidewalk and take any actions necessary, including legal, to recoup the funds that are required to carry out the restoration. Victoria Avenue At the same meeting of February 2006 where discussions took place on an expanded entrance for the Embassy Suites Hotel, discussion took place on widening the sidewalk on Victoria Avenue in front of the plaza on the east side of Victoria A venue south of Clifton Hill. City staff indicated that we were in favour of such sidewalk widening and had in the past approved the widening of sidewalks through the removal of parking stalls. We did indicate that approval would be required from the BIA and that a report would have to go to Council approving the removal of the parking and that all costs would have to be born by the proponent. Attached is a previous report regarding a similar request that was received from the Victoria Avenue BIA. On May 11,2006, the City received an application to carry out the proposed sidewalk widening. The application did include an email from the BIA indicating their support and drawings outlining the proposed works. Unfortunately, the drawings were not satisfactory as it did not provide the necessary information needed by staff to ensure the work would be done to the City standards. In discussions with a representative of the plaza it was indicated that additional information was required with respect to the drawings and that a report needed to go to Council, as previously done, for approval. On Monday, May 15, 2006 it was discovered by staff that work has commenced on the sidewalk widening without approval from the City. Based on the work completed it appears the work started on Saturday, May 13, 2006. On Tuesday, May 16, 2006 a letter was forwarded to the owner and the contractor advising them to stop work and to make the area safe. All ofthe works for the widening of sidewalk was completed by Friday, May 19, 2006. As indicated earlier City staff are in support of the widening of the sidewalk and would have recommended its approval. Unfortunately, the City's established process on obtaining approvals for this type of work was not followed. In that City staff was not on site to inspect the work to ensure that it was done to City standards and proper drawings were not provided from the onset we will be requesting a security that will be held for two years to ensure any deficiencies that may result will be repaired accordingly and that As Built Drawings as per City standards be provided. -- - June 12, 2006 .3, MW,2006-68 Committee's concurrence with the above recommendation would be appreciated. Prepared by: Respe~d: f~k {' " Ed Dujlovi , P.Eng. &-rJohn MacDonald Director of Municipal Works Chief Administrative Officer S,\REPORTSI2006 ReportsIMW-2006-68 - Unauthorized Use of Public Property.wpd o. J> - - Embassy Suites - - 2- May 9, 2006 Request for Additional Driveway Access 4) Although a southbound left turn movement would be prohibited, the City's experience has shown that signs and enforcement are not the most effective method to ensure compliance, but rather proper site design. If this driveway were present, motorists from the north may be inclined to enter the site from this driveway as it would be visible from the signalized intersection. Motorists desiring to complete a southbound left turn into this access would do so just beyond the projection of the south approach stop bar. This motorist would cause a queue of vehicles into the intersection if they require to wait for northbound motorists to proceed. However, northbound left turning traffic would be impeded by the southbound queue generated by the proposed driveway. The existing driveway allows queue storage of approximately 50 metres, ensuring acceptable intersection operations as queues would not extend into the upstream intersection. Because this would be a private driveway, the City would not be able to control or protect southbound left turns from happening, thereby causing potential queues through the skewed challenging intersection. 5) Collision Analysis for the previous three years, reveals that nine (9) collisions have been reported at Fallsview Boulevard and Portage RoadlMain Street. Access control is a vital component in reducing the collision potential, particularly for properties located too close to signalized intersections. 6) Visibility for outbound motorists would be a concern as the minimum sight distance would not be achieved to the south as the hotels' column and building face would obstruct sight lines for outbound motorists. Therefore, based on the above information, your request to construct an additional access onto Fallsview Boulevard is denied. Should you have any questions, please do not hesitate to call me. Yours truly, ['D~ Ed Dujlovic, P. Eng. Director of Municipal Works ext. 4220 kjd ee. Karl Dren, Manager ofTraille & Parking Services S:\DUJLOVIC\DujklVlc 2~la - Embassy Suites Driveway_wpd - - Community Services Department MW-2004-14 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca The recommendatlon(s) contained in this report were Tel.: (905) 356-7521 adopted in committee and Fax: (905) 356-2354 ratified by City Council E-mail: edujlovi@city.niagarafalls.on,ca May 31, 2004 Alderman Victor Pietrangelo, Chairperson and the Members of the Community Services Committee City of Niagara Falls, Ontario Members: RE: MW-2004-74 Victoria J Centre BIA Request to Widen the Sidewalk in front of 57 51- 5763 Victoria Avenue RECOMMENDATIONS: It is recommended that: I) two (2) parking meters located on the northwest side of Victoria Avenue in front of 57 5 I - 5763 Victoria Avenue, be removed; 2) the parking meter at the Sauer's Drug Store (5771 Victoria Avenue) be changed from a two-hour time limit to a 15-minute parking time limit; 3) the sidewalk located on the northwest side of Victoria Avenue in front of 5751 _ 5763 Victoria Avenue, be widened, at a cost of approximately $15,000.00; 4) 100% of the cost to widen the sidewalk is to be paid for by the Victoria / Centre BIA. BACKGROUND: On March 18,2002, Corporate Service Committee approved Report MW-2002-12 which recommended that the parking metres located on the northwest side of Victoria A venue between Walnut Street and Centre Street be removed and that the sidewalk on the northwest side be widened to create enough space for the establishment of sidewalk cafes. Construction occurred in the Spring of 2002 and the associated costs were paid for by the Victoria/Centre BIA. The Victoria/Centre BIA has made a request to do another sidewalk expansion on Victoria Avenue in order to accommodate Hard Times Restaurant and Subway in installing sidewalk cafes (attached BIA letter). Hard Times Restaurant and Subway are located on the northwest side of Victoria A venue and southwest of Centre Street. Working Together to Serve Our Community M~nicipa/ Works ' Fire SelVices ' Parks, Recreation & Culture ' Business Development ' Building & By-Law Services .- . - - May 31, 2004 -2- MW-2004,74 There are currently three (3) metered parking spaces in this area. Two (2) of the parking spaces will need to be removed and the third parking space, which is located in front oflhe Sauer's Drug Store, will be changed from a two-hour metered parking space to a 15 minute metered parking space for prescription pickups. Minimal impacts to surrounding BIA's will be realized by the removal of the two meters, because these are short to medium-term (2-hour) parking meters. meant to service the adjacent businesses only. There are no concerns from the Traffic/Parking Services Section with respect to the removal of the two parking meters. There is adequate and ample parking in the immediate area to offset the loss of these parking spaces. The proposed construction works will include the removal of the existing curb and gutter, sidewalks, a catch basin, parking meters, and decorative paving stones. The installation will include new curb and gutter, sidewalks, catch basin and drainage facilities, decorative paving stones, and asphalt restoration. The estimated cost of these works is $15,000.00. Since the present conditions ofthe sidewalks, curb and gutter, etc., are good and the City has no plans for improvements in this area in the near future, these works will be considered "Out of Phase" and 100% of the cost will be borne by the Victoria/Centre BIA. Since this work will occur in the tourist area ofthe City, construction should occur in the Fall of 2004. The Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: R~mitted: $}jpftL- -rc ~ Mike DiPaola . {John MacDonald Project Manager Chief Administrative Officer AC~ Ed Dujlovic, P.Eng. Director of Municipal Works S;\REPORTSI2004 ReportsIMW-2004-74 Victoria BlA Sidewalk.wpd c.l1-tlTRf: -- - - . ,tr O~ ... I.J ~ *WALK of FAME * November 20, 2003 Mr. Darrell Smith Engineering Dept. City of Niagara Falls 4210 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Darrell: I have been in contact with Karl Dren and he referred me to you regarding the following matter. Victoria - Centre BIA is developing again. We would like to do another sidewalk expansion on Victoria Ave. in order to accommodate Hard TImes Restaurant and Subway in installing sidewalk cafes. We are requesting to enter into an agreement similar to our previous sidewalk expansion agreement. There are currently 3 parking spaces in this area; we would like to remove 2 of the spaces, leaving 1 for pickups at Sauer's Drug store. Please advise us how to proceed. We want the work to be completed by next spring in order to have the cafes open for the spring weather next season. It: P. O. Box 841, Niagara Falls, Ontario I.2E 6V6 tel: 905-358-7137 fax: 905-358-5891 * ! .. 11 - - , Community Services Department MW-2006-67 " 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 12, 2006 Alderman Selina V olpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-67 - Queen Street Consultant Selection RECOMMENDATION: 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. BACKGROUND: In moving forward on carrying out the recommendations in the Downtown SIP requests forproposals were forwarded to four consulting firms, Kerry T. Howe Engineering Limited, Totten Sims Hubicki, Delcan and Earth Tech to carry out design works for the reconstruction of Queen Street. As per the Consultant Selection Policy the four consultant were invited to submit a proposal which was scored on various factors which included technical expertise, leadership, project nnderstanding /experience, past performance and work plan. After the proposals were evaluated a second envelope containing the costs was then opened and added into the total. Based on the above factors Kerry T. Howe Engineering Limited obtained the best score. Committee's concurrence with the above recommendation would be appreciated. l1;:~ ~-lL Lb.. -, Ed Dujlovic, P. Eng. b.,( John MacDonald Director of Municipal Works . Chief Administrative Officer Working Together to Serve Our Community Municipal Works' Fire SelVices ' Parks, Recreation & Culture' Business Development. Building & By-Law SeNices - ,. -----