2003/07/14 NINTH MEETING
Monday, July 14, 2003
From 4:00 p.m. to 5:45 p.m.
City Hall, Committee Room #2A & B
1) Approval of thc 2003 06 16 Community Services Committee Minutes as amended.
2) DEPUTATION:
a) Chamwood Avenue Petition - Sidewalks & Trees
as per the Subdivision Agreement.
b) Canadian Niagara Hotels - Proposed Spiderman Sign
e) Niagara Falls Taxi - Use of two bus stops on Victoria Avenue
(in front of Econo Lodge & in front of Screamers)
d) Lund?s Lane Motel Owners
3)
h)
4) REPORTS:
a) MW-2003-124
PRESENTATION:
Mr. Mark I_enters of SRM Associates -
Brief Overview of Grey Avenue Environmental Assessment
MW-2003-123 - Municipal Class Environmental Assessment Schedule B - Grey Avenue from Ferr~ Street to Peer Street
Mr. John Fisher - Walker Brothe~s Ltd. - Landfill Expansion Environmental Assessment
b) MW-2003-131-
R-2003-46-
d) MW-2003-134
e) IvFCJ-2003-135
STAFF CONTACT:
Request to Purchase Surplus City-Owned Land
(0.659 ha) West side of Girl's Home for Soccer
Property - Silvestri Investments Ed Dujlovic
Greenway Estates Subdivision - Remain Works Ed Dujlovic
Increased Park Surveillance Adele Kon
Casino Road EA Update Ed Dujlovic
Casino Roads Reennstmction Contract Issues Ed Dujlovic
5) NEW BUSINESS
6) ADJOURNMENT
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING,
Monday, June 16, 2003, City Hall, Room 2 at 4:00 p.m.
PRESENT:
Chairman Alderman Victor Pietrangelo, Mayor Wayne Thomson,
Alderman Paisley Janvary-Pool, Alderman Shirley Fisher, Alderman
Janice Wing, Alderman Norm Puttick, Alderman Wayne Campbell,
Alderman Kim Craitor, Alderman Carolynn Ioannoni, Alderman Selina
Volpatti, Alderman Art Federow, Alderman Judy Orr, Alderman Ken
Feren.
STAFF:
John MacDonald, Pat Burke, Dean Iorfida, Ken Burden, Ray Kallio, Ed
Dujlovic, Sue Forcier, Adele Kon, Alex Herlovitch, Doug Darbyson
ABSENT:
Tony Ravenda
PRESS:
Corey Larocque, Niagara Falls Review
GUESTS:
Italia Gilberti - Broderick & Partners
Deanne Mightin - IBI Group, Robert Glover - IBI Group,
Rob Dolan - IBI Group
Tony & Lou Lisi for 6117 Fallsview Boulevard
William Smith - ADSign Inc.
1) MINUTES
IT WAS MOVED BY ALDERMAN FISHER and seconded by Alderman Craitor that the
minutes of the April 28, 2003 meeting be approved.
Motion:
Action:
Carried
Recommendation submitted to Council 2003-06-16
2) PRESENTATION:
Niagara Tourism District Review - Phase 1 Report
IT WAS MOVED BY ALDERMAN VOLPATTI, seconded by Alderman Puttick that the
recommendations contained in the Phase 1 Report be approved.
Motion:
Conflict:
Action:
Carded
Alderman Wing ~ with portions dealing with PMP or NPC
Recommendation submitted to Council 2003-06-16
2
3) DEPUTATION:
Mr. Anthony Lisi - 6117 Fallsview Boulevard
a) CD-2003-14 - Proposed Commercial Parking Lot - 6117 Failsview Boulevard
IT WAS MOVED BY ALDERMAN VOLPATTI, seconded by Alderman Ioannoni that
Committee grant relief from the requirements of the by-law for a three (3) year term.
Motion:
Conflict:
Opposed:
Action:
Carried
Alderman Feren & Alderman Wing
Alderman Puttick
Recommendation submitted to Council 2003-06-16
4) REPORTS
a)
F-2003-34 - Cancellation, Reduction or Refund of Taxes Under Section 442 and
443 of the Municipal Act
1T WAS MOVED BY ALDERMAN VOLPATTI, seconded by Alderman Fisher that the
cancellation, reduction or refund of taxes on the various accounts per attached summary be
approved and granted to the individuals listed.
Motion:
Action:
Carried
Recommendation submitted to Council 2003-06-16
b) F-2003-35 - Municipal Accounts
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that the community
Services Committee approve the municipal accounts totalling $4,749,038.39 for the period
ending June 16, 2003.
Motion:
Conflict:
Carried
Alderman Fisher - Cheque #'s - 276081 & 276231 made out to Shirley Fisher
Alderman Craitor - Cheque #'s - 276141, 276412, 276143, 276281, 276282
made out to The Region Municipality of Niagara & Cheque #276026 made out
to Kim Craitor - it was noted that the statement reads materials. This
cheque was issued for the Ontario Traffic Conference.
Action: Recommendation submitted to Council 2003-06-16
¢)
BBS-2003-06 - Sign By-law Variances - Commisso's Plaza Portage Road & Niagara
Square, Montrose Road
IT WAS MOVED BY ALDERMAN WING, seconded by Alderman Campbell that Committee
recommends to Council, the denial of the application to install Ground signs at Commisso's
Plaza and Niagara Square and allow the existing signs to remain until their term expires.
Motion:
Action:
Can/ed
Recommendation submitted to Council 2003-06-16
d) MW-2003-07 - Request for Proposal Development Charges Update Study
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that City staffbe
authorized to requests a proposal from C.N. Watson and Associates Ltd. to review the cutrent
Development Charges By-law and update the background study.
Motion:
Action:
Carded
Recommendation submitted to Council 2003-06-16
e) MW-2003-112 - Corporate Water Conservation Strategy
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Fisher that this report be
received for information.
Motion:
Action:
Carded
Recommendation submitted to Council 2003-06-16
f) MW-2003-113 - Fallsview Tourist Core Issues Update
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that this report be
received for information.
Motion:
Action:
Carded
Recommendation submitted to Council 2003-06-16
g) MW-2003-114 - Cameron Court
IT WAS MOVED BY ALDERMAN FISHER, seconded by Alderman Campbell that operation
staff continues to monitor the creek and carry out the necessary cleanup as required. Mayor
Thomson amended the motion to add the fence be included in the 2004 budget.
Motion: Carried
Action: Recommendation submitted to Council 2003-06-16
5) NEW BUSINESS
a)
IT WAS MOVED BY ALDERMAN WING, seconded by Mayor Thomson that staff
contact the owner of the offensive billboard sign located on Stanley Avenue and send a
resolution to the Province stating the City's objection to the inappropriate contents of the
billboard request that the municipality have the power to regulate billboard contents.
Motion:
Action:
Carded
Recommendation submitted to Council 2003-06-16
b)
IT WAS MOVED BY ALDERMAN IOANNONI, seconded by Mayor Thomson that
staff investigate and take action under the City's noise by-law restricting the hours of
delivery operations for businesses in the Thorold Stone Road Plaza.
Motion:
Action:
Carded
Recommendation submitted to Council 2003-06-16
c) ADJOURNMENT: MEETING WAS ADJOURNED at 6:05 p.m.
06/30/2003 ~5:53 FAX 905 358 0443
CANADIAN NIAGARA HOTELS
June 30, 2003
By Fax905-356-9085
Mr. Dean Iorfida
City Clexk
City of lqiagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Dean:
Re: Prooosed Sviderman Si~ - Falls Avenue
Tiffs letter is to request that the matter of the proposed gpidemaan sigo, to be located on Falls
Avenue, be brought forward to the Commllnity Services Meeting on Monday, July 14, 2003.
We previously went to the February 10, 2003 Community Services Meeting for all of the other
Marvel signs and this will be the last sign as it relates to the Marvel Development City.
Can you please confam that we will be on the agenda for the Community Services Meeting ot~
Monday, July 14z.
Thank you.
Micha~ DiCienzo ~
Senior Director, Design and Development
MD:im
attach.
5685 F^LLS AVENUE, NiAO~ F^LLS, ON L2E 6W7 TEL (905) 374-4444 F^X (905) 358-0443 www.niagar~Lfailshotels.com
0~/30/Z003 15:53 FAX 905 358 0443
myn r cm
CANADIAN NIAGARA HOTELS
May 5, 2003
Mr. Karl Dren, C.E.T.,
Manager, Traffic and Panking Services,
City of Niagara Falls,
4310 Queen Street,
P.O, Box 1023,
Niagara Falls, Ontario
L2E 6X5
~]OOZ
Canada L2R
F~X.(S05) 6~2 4495
Re: Falls Avenue - Proposed "Spiderma'n" Projecting Sign · Canadlal~.Nlag, ara-Hotsla ............
Dear Karl:
Thls letter is further t our letter report on the abovementioned pmpesaJ, prepared for
Canadian Niagara Holels and dated February 25~ 2003, and our meeting of April 3~
2003 with you to discu.~.s its conclusions.
At our meeting you re'iterated your opposition to the sign, as proposed, citing traffic
operations and safety c.'oncems relating to its imposing presence and projection out over
the roadway, and th~.. resulting potential for driver/pedestrian distraction leading to
conflicts and collisions.; At the conclusion of the meeting, you asked that we undertake
the following:
· Approach our client to determine whether the proposed design could be
modifiedito preclude it fwm projecting out over the roadway;, and
· Re-w~arriine our professional opinion In this maffer and where possible
pro, nde a. ddlflonal, factual evidence supporting our assertiorl that the sign,
as proposed, is unlikely to be detrimental to traffic operations and safety,
Since our meeting, we .have discussed possible amendments to the proposed design of
the sign with our client~(represented by Mr. Mich[~el DiCienzo, Senior Director, Design
aR~Development, .Gas,adian Niagara Hotals),-.and--thalr architect (Mr. Emilio Flaimot~"do,
Piraino and Ralmondo Associate Amhitects).
Mr, DiCienzo and Mr-~-Ralmortdo have accepted our recommendation to raise the bottom
of the sign to provide a~lditional clearance over the roadway, and to avoid any potential
sight obstruction involving the traffic control signals at the intersection of Falls Avenue
and Clifton Hill. This change is being incorporated into the final design,
How&var, Mr. DiCienzo~ has indicated to us that he is not prepared to consider any
further amendments to the proposed design at this time.
We have also undertaken a review of our professional opinion in regards to the potential
impacts of the propose.d sign on the operations and safety of Fells Avenue, and have
canvassed the availabl~ technical literature for additional, definitive research on the
subject of road user dis[raction and road safety. On the basis of that review, we believe
CANADIAN NIAGARA tO'l'EL$
0O3
that our report accura,'tely reflects the status o{ research into the linkage between road
user distraction, cauied by external influences such as signs, and collisions. To
summarize:
· The Sl~ecific role of external influences (e.g. advertising signs) in the
occurrence of driver or pedestrian distraction, resulting in errors and
cell's'o~s, Is largely unstudied, and Is therefore unknown to any degree of
certainly.
* No dire, lct linkage between the presence of outdoor advertising displays
and anI increase in the occurrence of collisions has been scientifically
est~ablis~ed, to date. This does not mean that a linkage does not exist,
only that it cannot presently be shown to exist, using the research
available.
· Distraction is not something for which drivers or pedestrians have no
defenag. They can choose to ~tune out" irrelevant Information and focus
n priorities, provided that the available information sources r .
' d' ' p owdeclear
In cat o..ns as to their relevance. Where irrelevant information soumes
are imr~ediately recognizable as such, read users are able to choose to
ignore ihem, and focus their attention of relevant sources and priority
tasks..This is referred to as "shedding'.
· Driver p~erformance is enhanced in the shedding of irrelevant information
and tasks by forewamlng, and by the availability of clear distinctions
betweer~ what is relevant and what is irrelevant information.
In formulating our profbssionai opinion, given the lack of definilive eV/dence supporting
or refuting the opera~ions and safety concerns raised, we applied human factors
principles- positive guidance-in arrivfng at ourooncluslons. Specifically:
· Official i~formation displays should be uniform in terms of shape, colour,
messag,6 content, location and context - thus they stand out and are
easily re!ognized for what they are. '
· Non-offisisl information displays, visible from the roadway, should be
· · prohibit~l-from mimicking the attributes of official sign~ - thus they' are
preventd~d from competing with official signs f~r priority attention.
· The de~,ign elements associated with non-official information displays,
such as lilluminatlon and animation, should be carefull controlled
ayo di.glthe presantatio, of s.,uantla dl , avs that
glances in the part of drivers. - -
In concluding it unlikely that the proposed sign would negatively impact the relative
safety of Fails Avenue i~ any measurable way, we considered the following:
Falls
· Avenue presents a complex, information-rich environment through
which diivers and pedestrians alike must navigate without incident.
06/3~/2003 15:53 FAX 905 358 0443
CANADI~ NIAGA~ HOTELS
~O0¢
Within the context and character of the roadway, the proposed sign Js
unlikely to surprise or confuse road users.
As currently proposed, the sign is unlikely to conflict with, or obscure, any
traffic control device.
By virtue of its positioning, the proposed sign will be positioned outside of
the cone of vision of a southbound driver once they approach the Falls
Avenue/Clifton Hill Intemecfion.
The proposed sign ia large, and contains a single, simple graphic. It is
intended to be road at a distance, and is thus quickly assimilated. Its
message, while eye-c~tching, Is not something a driver or pedestrian la
likely to dwell upon In the presence of other, higher pdmecy tasks such as
navigating a safe route ~rough conflicting traffic and observing traffic
control devices.
While m
employ
~ewem
con~nL
The prOl
roadwa
colour,
The pre
users es
temally illuminated, the proposed slgn will be s~tlc, and will not
~ny dynamic elements to attract attention to it, or to hold the
attention by continuously or intermittently by displaying new
)osed sign, despite being overhead, and over a portion of the
(an admitted attribute of official signs), it will not either by shape.
,rm or message, mimic a traffic control device in any way.
~osed sign will, in all likelihood, be immediately evident to road
an advertising device,
We rogret that the boqy of road safety reseamh currently available does not offer the
necessary evidence to Idefinltlvely address the concem, s at issue. We believe that our
professional opinion, b~sed as it is on human factors pnnciples, is sound. We recognize
the future policy Impli~f'ations of the proposal for the City, and its precedent-estting
nature, but we are un~le to cite evidence that would suggest endorsement of this
specific proposal wouldlmake Falls Avenue less safe in any measurable way.
Mr. DiCienzo ha~.eugg~
becomes one of policy,
whether this is an appr(
Sincerely,
Synecfics T~rtat
Manager, Transportatio
cc: Michael DiCien~
Emilio Raimond.
~sted that-ail parties participate.in a final rseetin'g b~fore the issue-
for elected officials to decide. I will leave it to you to determine
)riate course of action.
on Consultants Inc.
Safety Applications
~), Canadian Niagara Hotels
Piriano and Raimondo Associate Architects
MAY 02 2003 15:44 FR AIRD AND BERLIS LLP 416 063 1515 TO 474070212~190535 P.01703
AI~D F~ B~RLI$ ~
BCE p[ac, e
Suim 1800, ~ 7~
181 ~y ~t
T~n~, On~, ~a
TELEPHONE: 416.863.1500
FACSIMILE: 416.863.1515
WEBSITE: ~.alrdberlls.com
TRAFFIC/PARKING
HAY 0 5 2003
RECEIVED
From: Elleen P. Costello Ext: 4740 File No.: 78212
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME " FIRM FAX ..... PHONE
Mr. Doug Darbyson, i Cibj of Niagara Falls 905.356.9083 905.356.7521
Director of Planning & Development
Paul Pingue, ! City of Niagara Fails 905.356.9083 i 905.356.7621
City Solicitor
Karl Dren, ;'"City of Niagara Falls '905.356.9083 905,358,7521
Drector Traffic Department
Ed Dulgovlc, I Clty of Niagara Falls 905.356.9083 905.356.7521
Director,,o,f,Works
-~lchael Dl.C.!e..q.z.o Canadian Niagara Hotels 805.358.0443 905.374.~,~.4
Date: May 2, 2003
[ MESSAGE ]
No. of Pages: 3
(Inc. Cover Sheet)
Ttte information contained in this transmission is confMentiol and may be privileged. It is intended only for the ~tse of the
individual or entity to whom it is addre~::ed. If you have r~ceived thl~ transml~sion In error, please notify ar immediately and
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IVl~Y 02 L:~03 15:44 FR RIRD RND BERLIS LLP 416, 063 1515 TO 4740713212~190535 P.02/03
N. Jane Peplno, C.M., CLC.
Direcb 4~16.865.7727
E-mail: j pepln~airdbetFl~.C~m
May 2, 2003
BY FACSIMILE
Mr. Doug Darbyson
Director of Planning and Development
' City of Ntagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6A6
File #78212
Dear Mr. Darbyson:
Re: Proposed Sign for the Guinness Attraction on Clifton Hill
The purpose of this letter is to alert you to the concerns which our client, Canadian
Niagara Hotels Inc. ('CNH") holds in resPect of a proposed combination rooftop and
projecting sign for the Guinness attractlon which is adjacent to our client's WWE Pile
Driver Ride and associated store on Clifton Hill.
Our client recenUy became aware that the owner of the Guinness affraction, Mr. Charles
Burland, has been seeking bids for the construction and Installation of a large rooftop and
projecting sign which will project from the front fac~ade of the Guinness attraction over
Clifton Hill. The material which our client has reviewed in respect of this proposed sign
includes a concept plan as well as sketch of the sign as prepared by Weaver Design
Associates, copies of which are attached. Our client is hoping that by bringing its
concems in respect of this proposed sign to the City's attention prior to applications for
sign and encroachment permits, it will enable the City to address these concerns with the
applicant, thereby avoiding the need for our client to formally object when said
applications are filed.
A review of the sketch and concept plan for the proposed sign illustrates the size of the
proposed sign as well as the extent of the impact which it will have on CNH's property.
When the sketch of the proposal Is examined it shows that the projecting portion of the
sign closest to our client's property will constitute a complete barrier to the retail signage
associated with the WWE store and will substantially block the view to and from the ticket
booth for the WWE Pile Ddver Ride. Additionally, a review of the concept plan indicates
that a large portion of the projecting sign, namely the portion which will contain a revolving
BCE Pla~e, Suite 1800, Box 754. 181 Bay Street, ~*oronto, Ontario, Canada MSJ 2Tg T: 416.863.1 $00 F: 416.863.1515
www.alrdberlis.com
MAY 02 ~003 15:45 ~R AIRD AND BERLIS LLP 416 8GS 1515 TO 47407821~190535 P.0J/85
April17,2003
Page 2
top, is designed so as to be set out overthe sidewalk on Clifton Hill, thereby encroaching
on City property.
In our opinion the proposed design of the sign violates key aspects of the City of Niagara
Falls consolidated Sign By-law, namely the height and clearance provisions for a
projecting sign. In addition, the sign Is designed In such a manner as to encroach onto
City owned property, in clear contravention of the By-law, specifically section 3(a)(1).
Moreover, while the .attached sketch and plan do not contain detailed height
measurements for the proposed sign, it appears based on our review that the projecting
portions of the sign may also be in violation of the height provisions and clearance
requirements contained In section 6(d), paragraphs I and 2.
More importantly, our client believes that the design of the proposed sign for the Guinness
attraction will block the signage and ticket booth associated with the WWE Pile Driver
Ride and its retail store. This is contrary to the Sign By-law which places limitations on
the size and placement of such signs so as to avoid visual pollution, encroachment on
City property and impacts on adjacent properties.
Finally, we note that section 7 of the Sign By-law provides Council with broad authority in
respect of signs, including the authority to order the immediate removal or rehabilitation of
any sign which In their opinion Is In "such a condition that it may be dangerous or unsightly
to the public". Given that the proposed sign clearly contravenes the Sign By-law, our
client sincerely hopes that the City will proactively address this matter, such that further
action on our client's behalf will not be necessary.
We welcome the opportunity to discuss this matter with you further, at your earliest
convenience.
Yours very truly,
AIRD & BERLIS LLP
N. Jane Peplno, C.M,, O.C,
NJP/EPC/ra
encl.
CC;
Michael DiCienzo, Canadian Niagara Hotels Inc.
Paul Pingue, City Solicitor
Karl Dren, Director Traffic Department
Ed Dulgovic, Director of Works
:;O D MA'~C D OCS~DOCS~I 4-45457~3
TOTAL PAGE.OS ~
CANADIAN
N I A G ARA
H O T E L S
I N C-
March 21,2003
Fax 905-.7?4-3557 (I of 6 pageS)
Mr. John MacDonald
Chief Administrative Officer
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Re: Response to March 20, 2003 Karl Dren Letter
Dear John:
It is clearly evident a.tier reading the response letter from Karl Dmn th~L once again; a grossly
excessive workload axed time is being undextakcn to cxaggexatc and create problems where %0-
called" problems are very questionable, rather than proactively £mdlng solutions.
From Mr. Dren's letter claret February 20~, as well as March 20m, such "so-called" problems
were in fact groasly vague and non-spedfie as they relate to the proposed Spiderman sign. As a
direct result of this correspondence, Canadi~u Niagara Hotels (CNH) had to retain Synetics to
produce an impact study on the traffic as it relates to the proposed blade sign. This has not only
created excessive and unnecessary expenses for CNI-I, but has also created a large workload for
both for CNH and the City of Niagara Falls.
A clear exanaple of the vagueness and fabrication of"so-called" cal]ed problems can easily be
found in every item of Mr. Dren's March 20~ letter. These examples are as follows:
Item 1:
Synefics is criticized for opinions with respect to distraction criteria. Yet, Mx.
Dren fails to specifically identify that the installation of signagc is directly related
to traffic collisions. Mx. Dren makes a gross assumption that signs increase traffic
collisions and yet does not specifically identify factual data proving this. CNH is
now put in a position to respond to unfounded and ambiguons statements.
Further, IVlx. Dren fails to identify that this blade sign is "non-lnminated' and
"non-animated". It is si~- Please ask Mr. Dren "How many
accidents/collisions occurred because of the Hard Rock guitar sign?"
Item 2:
Synetics is criticized that they did not contact City staff to substantiate statistics.
Mr. Dren further states that there were 5 reportable collisions involving
pedestrians. Yet. Mr. Dren fails to identify the exact location of these 5
-1-
BROCK PLAZA SIftER^TON 0?4 THlll FALLS SKYLINIK INN
5685 FALLS AY ,I~UE. NIAC~^~^ F^LL.S, ON L2E 6W7 TEL (905) 374~4444 FAX (905) 358-0443 www, niagarafallsbotels.com
Item 3:
reportable collisions. Further, he fails to identify the true reason wliy there were 5
reportable collisions involving pedestrians and what caused these 5 pedestrian
collisions (i.e. masses of people crossing the street, pedestrians looking at tourist
brochures, etc.) Also, Mr. Dren fails to identify the number of vehicular Ixaffic
and pedestrian traffic annually on Falls Avenue. I am certainly confident that had
he idefitified the number of vehicles and pedestrian traffic it would be evident that
the 5 reportable collisions (severity unknown) would be "minlsenle" as a
percentage of the tolal volume of traffic of vehicles and pedestrians annually on
Falls Avenue.
Synefics is criticized for making contradictory statementS with respect to
distracting drivers. What Mr. Dren bas failed to realize from their report Js that
the di ~s~acting drivers and impatient/aggrassive driving are related to the heavy
traffic'from Niagara Falls Rainbow Bridge, the left turn "fiasco" of the Duty Free
entrance, as well as the huge backup oflraffie from the newly installed traffic
lights on Falls Ave. Syneties clearly rtates that the sign is not the distraction but
the road congestion is related to the Rainbow Bridge, Duty Free and the
crosswalk. Unfortunately, CNH cannot solve the City issues related to the
congestion oft raffle and they should not be "nailed to the cross" because of a
sign tl~t CNH wants to erect for its business livelihood.
Item 4:
Item 5:
Item 6:
Structural integrity and liability h~q always been the normal procedure for a sign
application, so I do not uuderstand why it would be explained to be a problem (i.e.
Mr. Dren states "internal s~affmay not be qualified to assess"). Yet, every other
signage application, including the Hard Rock guitar sign was handled by City
staff. Further, Mr. I~en fails to identify that the maintenance activities will be
non-existent as this is a "statie", "non-illuminated" sign that requires "no
mainlenance" at all.
Synetics is criticized for insufficient scientific documeutafion regarding the effects
o£adv, ertising displays. Mr. Dren fails to identify that such scientific
docom., entation e~ists. Again, I ask the same quastion to Mr. Dren "How many
collisi,'ons occurred as.a direct result of the Hard Rock guitar sign?" I can tell
you, with aathority, that no collisions have been from the direct result of the Hard
Pock guitar sign. Further, please keep in mind that the proposed blade sign is a
"non4numi~ated', "non-active" (static) sign, and is si~nificanthr smaller man
the I-I~rd Rock guitar sign. Therefore, the proposed blade sign will be
considerably less visible than that of the Hard Rock guitar sign.
Exact same comment in Item 5 above.
John, it is w/th extreme disappointment, and fabricated unfounded claims, that has put me in the
position to write this letter. CNH has spent $20 - $30 million annually in urdque developments
-2-
u~zxu/auua u~:oo ~AA ~uo a5~ o44a CANADIAN NIAGARA HOTELS ~004
that consistently expand and enhance the tourist industry in Niagara Falls. Eve~g that CNH
does not only "meets", "BUT ~reatl¥ exceeds" the City's Official Master Plan. While Niagara
Falls enjoys such a huge boom, it is very disappointing that certain City sta~ create excessive
workloads and fru~ations when it is not necessary. A pro-active mentality would allow the City
of Niagara Fails to look at the whnle picture and vision ora "GREAT" Niagara Falls rather than
"micro-managing' extremely small and unnecessary situations.
With that said, I would like to, in a positive frame of mind, meet on this issue with yourself and
the appropriate City staffrega~ding the proposed blade sign. You can notify me with the
appropriate times and dates for Ods meeting. Many th~nks for your immediate attention_
Positively moving Niagara Falls forward,
Senior Director, Design and Development
MC:ira
attachs.
CCl
Ed Dujlovlc
Karl Dren
Wayne Thomson
Bob Judge
~milio Raimondo
C_ffeg Jlmnor
Director of Mamcipai Works
Traffic/Parking
Mayor of Niagara Falls
Manager of By-law Services
Pkaino & Raimondo
Syneefics Transportation
905-356-2354
905-353-0651
905-374-3557
905-374-7500
905-357-9203
905-682-4495
O7/10/200~ 14;0_~! FAX 905 358 0445 CANADIAN NIAGARA HOTELS ~002
~l~ r~k~Ll$ LLP 8~1515 P,02
July 10, 2003
BY FACSIMILE;
Mr, Dean Iorfida
City Clerk
Corporate Services Department
City of Niagara Falls
4310 Queen Straat
P.O. Box t023
Niagara Fails, Ontario L2E 6A5
Dear Mr. Iorfida:
An~ & Bm~m u~
Direcu 4.16.865.77~/
Our File No.: 78212
Re: Proposed Spiderman Sign - Falls AVenue
Deputation before Community Servi=es Committee
We are s,,~icitore for Canadian Niagara Hotels Ina. ('CNH~) in respect of its application for
approval for a projecting sign, 16' 4" above street level and approximately 18' high, to be
Ioceted on the west fa{~;ade of the Sheraton Falls Hotel on Falls Avenue. We understand
that al jr client has requested a~n~d._h._a_s b~ee_n gr..a?ted an o.ppo~rt~J~nity to make a deputation
before the City's Community ..~.~v]~-s t.~mmlztee on Juy 14 , 2003 at 4:00 p.m. The
purpose of this letter is to au'dine CNHs position in respect of its application and to
address specific issues which have been raised by staff.
Our cJient has applied for permission to eract a "blade" projeCting sign clapicfing the
Spiderman character on the west fag)de of its hotel located on Falls Avenue. In working
with City st;n'f to obtain approval far the sign, CNH hired Synectics Transportation
Consultants Inc. (~Synectics') t= conduct a review of the proposed sign and to provided a
professional opinion in regards to any potential impact the sign might have on the
operations and safety of Falls Avenue. Syneetics rendered I~s opinion in a ieffer dated
February 25, 2003 in which it concluded that the sign Would not obstruct driver visibility
and would not exacerbate any concerns In respect of pedestJ-ian safety.
In a letter dated May 5~, 2003, Mr. Greg Junnor, the Manager of Transportation safety
Application for Sy13ectics, responded to Concerns flora Mr. Carl Dren, the Manager of
Traffic and Parking Services for the City alii reiterated Synectics original opinion that it is
unlikely that the proposed sign would have any negative impa,~t on the reJatJve safety of
Falls Avenue in any measurable way. This Opinion was based on a thorough review of
transportation research as well as an understanding of the existing context of Falls
AVenue, namely that it Is already a COmplex and information dch environment.
07/lO/20o3 14:0.~1 FAX 905 358 o44~t~.~.° CANADIAN NIAGARA HOTELS [~003
........ ~'~ ~LIS LLP
Ju~ 10,2003
Page2
Equally important in our opinim3 Is that the proposed sign Is located wholly on CNH's
property and, as result, will not c~nstitute a visual or physical barrier to any adjacent
property or retail sign associated with other properties or businesses. In this respect, the
proposed sign for the CNH property Is markedly different from the sign which was
proposed to the Guinness att.~ction located on Cliflton Hill adjacent to CNH's WWE Pile
D~ver Ride. In May, 2003 we wrote on behaff of CNH to oppose the proposed sign for the
Guinness attraction as it would have constituted 'a complete ba~er to the retail signage
associated with the WWE stem and [would] substantially block the view to and from the
ticket booth for the WWE Piledriver fide'. It was our opinion that due to impact which the
prop~ed sign for the Guinness atlmction would have hod on the CNH property, and
especially the WWE Pile Driver Ride and store, that the sign was c~ntrary to the City's
Sign By-law which places limitation on size and placement of signs in order to minimize
impacts on adjacent properties.
We recognize that the proposed sign fOr the CNH property will require exemptions from
the By-law, namely in order to address its height and encroachment onto City property.
We would no~e however, that the Community Sendce Committee has already approved
two similar signs on CNH property in February of this year, Specifically, the Commiffee
approved CNH's application for a 52 ff 'Hulk' sign and a 52 ft Spiderman sign on Clifton
Hill, Approval was based in part on a recommendation from City staff' recognizing that
although the two signs exc~s~:led the rn~dmum allowable sizes set out in the Sign By-law.
they were nonetheless "propo~ionate to the size of the building they are affixed to and
appear to be consistent with other similar slgnage in the area. They do not appear to
adversely affect adjacent properties or associated Signs'.
It is our opinion that the cun'ent appJication is consistent with prior applications which have
been approved by this Committee and does not engage any of the issues which Were
raised in our client's objection to the proposed sign for the Guinness attraction earlier this
year.
As a result, we are of the opinion that our client's application does not o~T=nd the intent of
the Sign By-law. Should you have any questions arising out of this correspondence, or
any other issues related to his matter, please do not hesitate to contact me or Eileen
Costello, an associate of this office.
NJP/EPC/Ien
cc: Michael DiCienzo. Canadian Niagara Hotels Ina.
Ca~l Dren. Manager, Tmfrm and Parking Services, City of Niagara Falls
Doug Darbyson, Director of Planning and Development, City of Niagara Fails
Ed Dulgovic. Director of Works. City of Niagara Falls
:: ODMA~'CO OCS~DO~ 4.9 So,st I
TOTRL P. 0,~,
Niagara FOils I1~
C
or'lcl~dQ ~PQ Building & By-Law Services
~-- 4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.nlagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb~icity.niagarafalls ,on.ca
BBS-2003-03
Mel Brown
Director
The recGmm*,dst~on(s) I
I
February 10, 2003
Aldo, uan Victor Pietrangelo, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: BBS-2003-03 - Canadian Niagara Hotels -
Clifton Hill at Falls Avenue Sign Variances
RECOMMENDATION:
That the required variances to the Sign By-law 6661, as emended, for two proposed projecting
signs, be approved.
BACKGROUND:
The owaers are proposing to install two ovexsized signs at the Sheraton on the Falls Hotel for the
new Marvel Super Heroes Adventure City.
The sign by-law permits a maximmn sign area of 75 sq. ft. and a maximum height of 25 ft.
Sign #1 thc Hulk is 1,049 sq.ft, and $2 it high.
Sign #2 Spid~,-an with Chrysler Building is 639 sq.ft, and 52 ft. high.
Both signs exceed the maximum allowable sizes, but the subject signs are proportionate to the size
of thc building they arc affixed to and appear to be consistent with other similar signage in the area.
They do not appear to adversely affect adjacent properties or associated signs. Th~ Niagara Parks
Commission has been notified of this proposal.
Working Together to Serve Our Community
Municipal Works * Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
-2-
Manager of By Law Sermces
Mel Brown
Director of Building & Bylaw Services
John MacDonald
Chief Administrative Officer
a~tach.
City Clerk
I.tlIIG. F~LLS'CLERK.. (.)o(J¢iJzl 1._~,4-,
July 8th, 2003
TRAFFIC/PARKING
JUL 0 ~J ;~003
RECEIVED
We respectfully request the City Council allot time at the next
meeting, July/4tn to address the issue of taXis being allowed to use
the two bus stops on Victoria Ave (in front of the Econo Lodge)On
front of Screamers).
We understand that this provision would be teinporary based on
the transits routing and agree to abide by any basic rules that the
Victoria Ave Business Men's assn. and the City deem necessary
for this condersideration.
Respectfully,
M. Cammie Bateman
Niagara Falls Taxi
Juo 02 03 09:55a
Fallsvie~ BI~
(905J358-5891
p-1
June 2, 2003
Mr. Karl Dren
Traffic & Parking Services Manager
City of Niagara Falls
4210 Queen Street
Niagara Falls, Ontario
L2E 6X5
TRAFFIC/PARKING
JUN 0 2 2EB
Dear Karl:
Further to our discussions last week regarding the issue of taxi stands in the Victoria - Centre
BIA area, please be advised that the Board of Management has decided to refrain from
allowing designated taxi stands.
Several Board members had several concerns. In the experience of some Board members
who have/had taxi stands near their properties noticed they have served as a waiting area
until a call is received for service at another location rather than a pick up point. The exhaust
from idling taxis is unpleasant. Parking and delivery of goods is critical in this area and at this
time we do not wish to remove the customer parking spots and/or loading zones necessary
to provide room for taxis.
We suggest the transportation companies contact the individual hotel owners regarding this
and negotiate a designated area on said property.
Thank you for your time in this matter and for considering the needs of this area.
Sincerely,
k,Mrs. Sue McDowell
O. Box 841, ~liogara Falls, Ontario L2E 6V6
tel: 905-358-7137 fax: 905-358-5891 ~c
Dir~or
The recommendation(s)
contained in this report were
adopted by City Council
His Wo~h/p Mayor Wayne Tl~omson
and Membem of the Mu~idpal Cot~cil
City ofNia~ra F.11~ Onta~o
June 16, 2003
Re: MW-2003-119
Municipal P~rJdng & Traffic Cemmi~ee
Recommendaflom -June 10, 2003 Meeflm,
RECOMMENDATIONS:
1) MW-2003-1OS -'HJckson Avenue ~) Buttre~ StFeet- Traffic OpeL'~h)ns Renew
A slop si~n be insialled fecin~ southbound motorlsts on tt/ckson A~ al BuiIrey
By-Law 89-2000 Schedule ~P*'be uixi~dtoreflect~he exJ~in~;nt,~-lioneeotrol
at tho imersecfion of But~y Sm~'t ead Terrace Avenue; and,
A corner par~ng xe~iction be implemented at all timea on the nor& side of
Buttrey SUeet from ~ Ay~me to a point 18 melres east of Hickson Avenue.
2)
MW-20O3-111 - Request for · Le-ah, E Zone oR ~he Emt Side
of Eflen Avenue soulh of Centre Stree~
It is recommended that a losdlng_ zone be e~tabl;shed on fl~e east side of Ellen Av,~m. from
a point 18 metres south of Cenuo Sht~-t to a point 24 me~ somh of Cent~ SUeet.
MW-20O3-110 - Request for Taxl Stands in f~ont
Ni~ara Falls Library. V'~torh Aveaue
his recommended that a taxi stand be established on the east side of Vict~ia Avenue fiom
a poim 61 metres south of Morrison Sireet to a po/nt 67 metres south ofMonison Stree~
Munlcipal Works . FIm Smylces . l:~k~ Re~IMign & C4~twe . ~ ~ . ~ & By.Law ~
June 16, 2003 - 2 - MW-20~3--119
4) MW-2003-108 - Request for Taxi Stands - Victoria Avenae
It is ~ccommcndcd that staff be directed to contact Falls Managc~nc~t Company to possibly
use a small portion of thc Old CP Rail lines to setup two taxi stands, and further to setup a
meeting as soon as possible with the Taxi Conlpam~snd Clit~0n~ill anfl Lundy's Lane
B.LA. committee rcprcscntafives.
M'vV-2003-106 - Kltchener Stree~ between Stanley Avenue and Victoria Avenue
Heavy Vehicle Restriction
It is re~ommendexi that:
h~avy vehicles, including buses, b ¢ prohibited on Kitch ~r Street b etwe~ Stanley
Avenue and Victoria Avenue; and,
2. thc above restriction, be augmented with signs indicating "up to $5, 000 fin~."
MW-200~-109 - Proposed Municipal Parking Lot
Corner of Bender SWeet aad ]~almer Aveaae
it is rgommend~l tha:
funds be allocat~cl from the Parld,~g l~serve Fund for ~he construction of a
Municipal Parking Lot, on the f~rmo- C.P.R. lands, in tho northoast quadrant of
Palmer Avenue and Bender Street; and,
Staff'be authorized to pwceed with further ~onslruction, on the former C.P.R. lands
north of the Hwy. 420 righ~ of way, if warranted and c,o~t ~ve throuEh
agreemems w/th private sector comtn/tmo~.
7) By-law 89-2000 Upd~-s
It is recommemled that the updal~ to By-law 89-2000 appearing later on tonight's agenda
be
BACKGROUND:
Thc Municipal Parking and Traffic Commit~e, at its meeting of lane 10, 2003, consider~l the
matters noted a~d formulated the recommendations above.
Council's concurrence with thc recommendations outlined in this r~pozi would be appreciated.
Re~ectfully submitted by:
Municipal Parking & Traffic Committee
K. Dr~
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagamfalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks @ city.niagamfalls.on.ca
MA¥-2003-108
Ed Dujlovic, P. Eng.
Director
June 10, 2003
Alderman Klm Craitor, Chairperson
and Members of the Municipal
Parking and Traffic Committee,
City of Niagara Falls, Ontario
Members:
RE: MW-2003-108
Request for Taxi Stands - Victoria Avenue
RECOMMENDATION:
It is recommended that this report be received for the information of the Municipal Parking and
Traffic Committee.
BACKGROUND:
The Municipal Parking and Traffic Committee at its meeting of May 20, 2003 requested that
Staffmeets with the Victoria/Centre BIA and Niagara Transit to obtain their comments on
converting the two bus stop locations on Victoria Avenue to taxi stands on a trial basis for the
summer months.
Niagara Transit indicated that they would have no objections to the temporary use of the two
transit bus stops, until September 15, 2003, when they revert back to normal bus routing. On
Monday, May 26, 2003 staffmet with a representative of the Victoria/Cenlre BIA to discuss the
possibility of establishing the taxi stands, temporarily, at the two bus stop locations that have
been relocated for the summer (in front of Sparks Restaurant and in fi'ont of the Econo Lodge).
As well, the three locations outlined in Report MW-2003-83, attached (5681 Victoria Avenue; in
fxont of the Subway Sub Shop; next to the Marriot Courtyard Hotel), inclualng the establishment
of a taxi stand on the former CP Rail landa (owned by FMC) on the east side of Victoria Avenue,
were also discussed. The representative indicated that this issue would be discussed at their
board meeting which was being held the next day.
Attached, please find a copy correspondenco from the Victoria/Centre BIA. The Victoria/Centre
BIA do not support the installation of taxi stands along Victoria Avenue.
Worldng Together to Serve Our Community
Municipal Wod¢s · him Sen4ces · Parks, Recreaffon & Culture · Business Development · Building & By-Law Services
June 10, 2003 -2- 1VIAV-2003-108
Committee's concurrence with the recommendation outlined in this report would be appreciated.
Recommended by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Approved by:
Ed Dujlovic, P. Eng.,
Director of Municipal Works
S:\TRAFFICxREPORTS~003'Oune 10~F~,V.2003.108.WlXl
The City of '
~,l, agara Falls
~.~_2anada
~ommunlty Services Depm~ent
Municipal Works
4310 Queen Sheet
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: wvnv.ctty.nlagamfalls.on.ca
Tel: (905) 356-7521
Fa~ (905) 3562354
E-maE: munwks(~city, niagara falls.on.ca
Ed DuJlovlc, P. Eng.
Dh~)c~r
May20,2003
Alderman Kim Craitor, Chairperson
and Members of thc Municipal
Parking and Traffic Committee,
City of Niagara Falls, Ontario
Members: RE: MVv'-2003-83
Request for T. ax/'Stands - Various Locations
RECOMMENDATION:
It is recommended that additional taxi stands not bo implemented at this time.
BACKGROUND:
A request has recently been received by Niagara Falls Taxi Ltd. to review six locations for taxi
stands.
Last year, staffreceived a request from Niagara Fnll~ Taxi Ltd., located on Victoria Avenue near
Simcoe Street, to revi~v the feasibility of installing various taxi stands in tho tourist districts.
The requested locations included:
· two spaces on Clifton Hill in front of Arby's Restaurant
· one space on Fallsview Boulevard in front of thc Days Inn
· thr~ separate locations on Victoria Avenue
· adjacent St. Paul Church, north of Bondex Street
· adjacent 5681 Victoria Avenue, north o£Centre Street
· across from the Howard $ohn-~on's, opposite of Magdalen Street
A. technical review revealed that each of thc requested locations was not suitable. Thc 7~ones
~,ere not recommended due to either insufficient road/lane widths, potential conflicts with other
designated areas, or the taxi zone would have required the removal of metered pm-icing spaces.
Due to a limited supply of parking in thc tourist area, it was ~hungly recommended that taxi
stands not bo implemented in plac~ of public parking areas. Staff, however, reoommerldgd the
establishment of taxi stand layby areas in alternate locations in close proximity to the requested
locations.
Working Together to Serve Our Community '.
Municipal Works · Fire Sen4ces · Parks, Recreation & Cullum · Business Development · Butldlng & By-l. ew ;Sen4ces
May 20, 2003 -2-
Taxi stands were implemented on: · Union Avenue (4 space taxi stands)
Walnut Street (2 space taxi stands)
· Three separate locations on Fallsview Boulevard totalling six spaces.
In addition existing taxi stands directly in the tourist area are located on Oneida Lane.
The recent requests for one-space taxi stand locations are located as follows:
1. West side of Erie Avenue adjacent to the bus terminal's main entrance;
2. West side of Victoria Avenue approximately 125 metres north of Centre Street (in- front
of 5681 Victoria Avenue) - this location was requested for a taxi stand last year;
3. West side of Victoria Avenue ap.proximately 50 metres south of Centre Street (in front of
Subway Restaurant);
4. East side of Victoria Avenue 9t Ferry Street junction (between T.G.i.F. Restaurant and
Marriott Courtyard Hotel) - fi.request was made last year for a taxi stand north of this
location;
5. North side of Clifton Hill approximately 75 metres west of Falls Avenue (in front of
Oninness Museum); and,
6. South side of Clifton Hill approximately 150 metres west of Falls Avenue (in front of
Movieland Museum) - a request was made last year for a taxi stand in the immediate
vicinity.
Location 1: Erie Avenue adjacent to the Bus Terminal
A one-space taxi stand is requested adjacent to the Bus T~J ,,,inal on Erie Avenue, just south of
Bridge Street. Currently, the area is signed as a "no stopping" zone. A bus loading/unloading
zone is established directly in front of the main terminal. Investigations indicate that there is a
two-space taxfstand on the northeast comer of the transit property that is tendered every three
years, fqr which, Niagara Falls Tax/has been awarded the conh'act. In addit/on, a large taxi stand
is present on tho north side of Bridge Street directly in front of the train station wh/ch holds
approximately 9-10 taxis. The current "no stopping" zone on the noxlhern portion of Ere
Avenue is intended to allow bus drivers unobstructed entrance into the "no standing" area.
Parked vehicles may potentially block buses from entering the loading zone, which may lead to
buses stopping on an angle, partially block/ng the traffic lane. Therefore, th/s location is not '
s.m'table for a taxi stand. ,, - :.
Location 2: In front of 5681 Victoria Avenue
This location was requested for a taxi stand last year. Tho existing bay in front of 5681 Victoria
Avenue is intended for loading/unloading only for the businesses along Victoria Avenue. Most
of these businesses along this section of Victoria Avenue do not have loading areas behind their
buildings. Therefore, a taxi stand wilIinterfere with delivery vehicles. The remaining section of
Victoria Avenue between Centre Street and Walnut Street is too narrow to accommodate parked
.vehicles on either side, and is currently signed as a "no stopping" zone. Therefore, this location
~s not suitable for a taxi stand.
May 20, 2003 -3- MW-2003-83
Locations 3-6
Each of the remaining locations would necessitate the removal of a metered parking space to
implement the taxi stand. Staff is recommending that these metered parking spaces not be
removed, as there is a shortage of parking in the tourist district. Taxi stands are currently
provided within a short distance of the requested locations, notably on Oneida Lane (4 ear taxi
stands), Walnut Street and Union Avenue. However, observations indicate that these areas are
seldom occupied. Furthermore, removal of parking meters to accommodate taxi stands has not
received the support of the affected BIA in the past.
Committee's concurrence with the recommendation outlined in this report would be appreciated.
Recommended by:.
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Ed Dujlovic, P. Eng.,
Director of Municipal Works
$. (h'ubich
S:\TRAFFIC~.EPORTS~2003~Iay 20~MW-2003-83.vod
PARK ST.
BRIDGE ST.
ROBERTS ST.
¥,mt, RY ST
NORTH
B.xisfing Taxi Stand
MUNICIPAL WORKS
TRAFFIC & PARKING SERVICES
Request for Taxi Stands
Various Locations
May 20, 2003
John Cyrubich
Corporate Services Department
Inter-Department Memorandum
TO: Mayor Wayne ThomsOn DATE: July 11, 2003
and Members of Council
FROM:
RE:
Tony Ravenda
Executive Director of Corporate Services
Ext. 4318
Lundy's Lane Motel Owner's Deputation
Please find attached the highlights of a meeting which was held on July 1, 2003 in Committee Room
#1 to discuss the concerns of the motel owners.
The Lundy's Lane motel owner's will be making a deputation at the Community Services Meeting
on Monday, July 14, 2003.
TR:hm
Attach.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
On July 1st, 2003, at 9:00, a meeting was held in Committee Room #2 to discuss the concerns of
the Lundy's Lane motel owners.
~lttendees:
Mayor Wayne Thomson
Member of Parliament Gary Pillitteri
Member of Provincial Parliament Bart Maves
Ken Burden, Director of Finance, City of Niagara Falls
Sue Forcier, Executive Assistant, City of Niagara Falls
Representatives from Lundy's Lane motels (see attached list)
· tourism is down by 50% since last year
· tourism won't be as good as last year due to its cyclical nature
· the majority of reservations are from Canada
· SARS appears to having an impact on US travellers
· tighter border security appears to be a factor as well
· debt stress is causing business failure
· intemational travel is significantly deterred by respective governments
· road construction has created delays in travel
· promotion results are focussed on robber tire travel
· reservations for later summer are slow
Recommendations:
the importance of assessment appeals w,as stressed
business owners request exemption of final bills, however, there is no provision for tax
exemption
decrease in tourism is not just a localized issue; all share sufferings of economic stress
there is a need to promote Canada as a safe place t.o vacation
· corporation income taxes have been reduced
· GST comprises 25% of Federal Government revenue; cannot make a geographic relief of
GST
· Kick start tourism by investing in promotion; Shaw Festival NF Tourism
· mortgages with Business Development Bank, relief from principal payments
· credit impact on business due to non-payment of taxes
· federal and provincial to assist City provide relief in funding
· programs are the government's methods to assist
· deferral of principal/tax is banking decision
· private, independent arrangements can be discussed with tax office; make arrangements
individually
· three year deferral without interest
· request to province to fund the borrowing cost of tax deferrals
· monitoring building permits for motels - cannot stop free enterprise
· development of Lundy's Lane BIA
· threshold of tax payable to receiv~e
Follow up:
· Present concerns to Council in committee meeting on July 14
7.8.03
Community Services Department
Th^ Ci~'' of ~¢&~ Municipal Works
= ~'/ ~'4~. 4310 Queen Street
Niagara Fails !l/p.o. Box 1023
Canada ~~Niagara Falls, ON L2E 6X5
TI~ web site: www.city.niagarafaiis.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-123
Ed Dujlovic
Director
July 14, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
RE: MW-2003-123
Municipal Class Environmental Assessment
Schedule B
Grey Avenue from Ferry Street to Peer Street
RECOMMENDATIONS:
It is recommended that the preferred alternative "Option 6 - Partial Closure/Reversal" as
identified in the Grey Avenue from Ferry Street to Peer Street, Municipal Class Environmental
Assessment Schedule "B" Project Documentation be approved.
BACKGROUND:
An Environmental Assessment for traffic management on Grey Avenue between Ferry Street and
Peer Street has been carried out by staff in conjunction with SRM Associates. Complaints received
from the residents of Grey Avenue in September 2002 precipitated a study to assess the reversal of
traffic flow on Grey Avenue and a heavy vehicle restriction including "no buses" due to the tourist
traffic and heavy vehicle traffic infiltration.
Two open houses were held inviting residents and adjacent business owners to discuss the traffic
problems and to identify potential solutions, one solution being the residents request for the reversal
of traffic on Grey Avenue between Ferry Street and Peer Street from a southbound direction to a
northbound direction. At the conclusion of the two public information sessions, the residents
maintained their preference for a one-way direction reversal.
Through technical assessment of the impacts associated with a one-way direction reversal to
northbound traffic only, it was concluded that residents attempting to exit Grey Avenue travelling
northbound would have difficulty entering Ferry Street to turn left or right particularly during the
tourist season. Faced with the constraint of Ferry Street congestion, it would be unreasonable to
provide the Grey Avenue residents, service vehicles and school buses only one egress that is
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation 8. Culture · Business Development · Building & By-Law Services
July 14, 2003 - 2 -
MW-2003o123
frequently congested. Accordingly, a solution was generated incorporating the residents preferred
alternative of reversing the direction of travel (Option 3 -see next page), along with one that allows
residential traffic the flexibility of entering or exiting Grey Avenue via Peer Street (Option 6 - see
next page).
As shown below, a mid-block bump out would be constructed to narrow the pavement restricting
the driving direction to northbound only, north of the last residence, house number 5925. Residents
south of and including house number 5925 would however still have the option to proceed
southbound to avoid the Ferry Street congestion. Grey Avenue, although relatively narrow in
comparison to other residential roads, may tightly accommodate 2 lanes of traffic.
Option 6 - Preferred Option
Grey Avenue - viewing southbound from
Ferry Street (note direction of travel from
the bump out is northbound only)
Option 6 - Preferred Option
Grey Avenue - viewing northbound from Peer
Street toward bump out and house number 5925
(note direction of travel for residents is 2 way
south of the bump out)
Option 6 was presented at the 2nd public information session on May 1,2003. Following a lengthy
and at times controversial discussion, the response to Option 6 was not favourable. The majority
of respondents still prefen'ed a complete reversal on Grey Avenue from the southbound direction
to the northbound direction, allowing only one exit point, that being onto Ferry Street. The
constraint of providing access only onto Ferry Street, and the difficulties and delays that may be
experienced was identified to the residents with a suggestion from a resident to install traffic signals.
The cost to implement Option 6 is estimated at approximately $35,000.00. Construction consists
of bump outs on Ferry Street and the removal of two parking meters west of Grey Avenue and four
parking meters to the east of Grey Avenue. The bump outs and the removal of the metered parking
stalls will ensure unobstructed sight lines. Any option incorporating the reversal of traffic on Grey
Avenue will necessitate the above works. Furthermore, an additional landscaped bump out will be
needed on Grey Avenue to narrow the pavement north of the last residence, house number 5925
restricting the driving direction to northbound only.
July 14, 2003 - 3 - MW-2003-123
City Council's concurrence with the recommendations outlined in this report would be appreciated.
Prepared by:
Marzenna Carrick
Manager of Traffic Operations
Approved by:
Ed Dujlovic
Director of Municipal Works
',espectfully Submitted by:
ohn MacDonald
ghief Administrative Officer
S :\TRAFFICL,Neighbourhood Traffic Studies incl EA's~2003\council r*port.wpd
OPTION
DIRECTION
REVERSAL
+ Reduces
Trucks/Buses
- Requires curb
work on Fe~y
St.
- Truck/Bus
traffic may use
alternate route
to access Grey
Ave.
- Noise and
fumes may
remain o
probJem
DATE
FEBRUARY, 2003
SCALE
1:1000
/P Dote - APR. 23, 2003 File: 02283 FINAL FIGS.DING
OPTION 6
PARTAIL
CLOSURE/
REVERSAL
- Separates
commercial
and residential
traffic
+ Allows
two-way traffic
in residential
area
+ maintains
good
emergency
access
- Trucks &
buses can still
access Grey
Ave.
via Peer St.
- more costly
to install curb
bumpouts
DATE
FEBRUARY. 2003
SCALE
1:1000
GREY A',E. - PARIlN. Q.~ / I~
PEER S'IREET TO FERRY STREET
CITY OF NIAGARA FALLS
Community Services Department
T- Ai-- of .,~& , Municipal Works
n.e L, ly ~ · 4310 Queen Street
~m~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city, niagarafalls.on.ca
MW-2003-124
Ed Dujlovic
Director
July 14, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members: Re:
MW-2003-124
Request to Purchase Surplus City-Owned Land (0.659 ha)
West side of Girls Home for Soccer Property - Silvestri Investments
RECOMMENDATION:
It is recommended that City Council deem the subject property to be surplus to the City's needs
and authorize staff to enter into negotiations for the sale of these lands to the adjacent landowner
(Silvestri Investments) for fair market value in accordance with the current policy and
procedures. That Silvestri Investments pay for all costs associated with its purchase including
cost of an appraisal, reference plan and all notices.
BACKGROUND:
Silvestri Investments are the owners of a 5.53 ha parcel of land situated between Garner Rd. and
Kalar Rd., south of the hydro corridor and north of the Garner Estates Plans of Subdivision. The
subject property abuts the west limits of the city-owned lands used for the Girls Home for
Soccer. The configuration of these lands is such that they are not useful for the purposes of the
soccer facility but when combined with the holdings of the adjacent landowner allow for the
orderly extension of Parkside Dr. which is currently under construction as part of the Garner
Estates Phase 3 development immediately to the south.
Silvestri Investments have inquired about the availability of the lands and have requested the
opportunity to purchase the surplus property which can then be included in their Draft Plan of
Subdivision submission.
The development concept plan for the subdivision has been reviewed by Parks & Recreation,
Planning, Municipal Works and Legal Department staff to ensure that the remaining parcel of
land will be satisfactory from a servicing, access, land use and recreational perspective.
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July 14, 2003 -2 - MW-2003-124
As per the current policy, the proponent will be responsible for all transaction costs including
appraisals, reference plans and legal fees associated with the sale. The final details of the sale
will be brought back to City Council for their consideration and passing of the required Bylaw.
It should be noted that the funds from the sale will be placed in the Parks Reserve as the funds
for the original purchase of the lands were from this account.
Attached for your information are plans showing the subject lands in the context of the overall
development.
GeoffHolman, C.E.T.
Manager of Development
Respectfully submitted:
Donald
Chief Administrative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
Attach:
S:\REPORTS~2003 Reports\MW-2003-124 - Request to Purchase Surplus City-Owned Land.wpd
BLOCK 36
~o
Community Services Department
The Cifv of ~"~'~' ~ Municipal Works
Niagar'~ Falls llk~,3~.OBQo~xele~)2~treet__:
Canada ~',~'Niagara Falls. ON L2E 6X5
~~ web site: ~.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi~ci~.niagarafalls.on.ca
MW-2003-131
Ed Dujlovic
Director
July 14, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-131 - Greenway Estates Subdivision
Utilizing Security For Performance of Remaining Works
RECOMMENDATION:
Pursuant to the Greenway Estates Subdivision Agreement, the City shall utilize the securities
provided by the developer to complete the remaining outstanding Class IH Works.
BACKGROUND:
Greenway Estates Subdivision was registered in July 1995 and construction has not progressed
beyond the Class II Works Stage (base asphalt and curbs) which were completed in 1998. The
Subdivider is to proceed with the construction of works in an expeditious manner and order as set
out in the agreement. It is now time to commence the remaining works being sidewalk construction,
tree planting and asphalt overlay. The developer has been given written concurrence to utilize the
securities to complete the works. The Subdivider's Agreement gives City Council the authority to
realize upon the security for these purposes which is adequate to complete servicing of this
development.
Committee's concurrence with the above recommendation would be appreciated.
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MW-2003-131
e y:
Rick Volpini,',,
Development'
ogist
-9-
Respectfully submitted:
~CmDi~;lrdat i v e Officer
July 14, 2003
Director of Municipal Works
Attach:
S:~REPORTSL2003 ReportsW!W-2003-131 - Greenway Estates.wpd
07/07/2803 15:53 905-856-9636 VA~CA FAMILY .... PAGE 0~ ....
6661 MONT~OSE ROAD PROPER~PY INC.
! 52 Sama Barbara Place
Woodbridge, Ontario
L4L 8J6
Tel: 905-B56-9544
Fax: 905-856-9636
SENT BY FAX - 905-356-2354
City of Niagara Falls Canada
43 I0 Queen Street
PO Box 1023
Niagara Falls, Ontario
L2E 6X5
July 7, 2003
Li-'--l
Dear Rick Volpini;
Gremawsy Estates Subdivision
Remaining Works
Your File: 91-262
Further to our telephone convetsmion the remaining outstanding work on the subdivision
you can use the securities to complete tbe work. On the compl~ion of the lot grading tbe
deposit has to be renu'ned and you have the direction dated June 23, 2003.
Plea.se can you provid~ me with the ca)sis (from several contractors) of the work that
needs to be done. This will give me the opportunity to compare with Duffin Contractor
prices, for the reason, we have a few disputes alld I v. eed to provide tbes~ figures to my
lawyers.
Yours nply.
ictor acca
Community Services Department
The Ci-- f .~x~, . Parks, Recreation & Culture
~y O ~lr~. 4310 Queen Street
Niogoro Foils ~1~,,~~ P.O. Box 1023
Conodo .~'.~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
R-2003-46
Adele Kon
Director
July 14, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2003-46 - Increased Park Surveillance
RECOMMENDATION:
For the information of Council.
BACKGROUND:
The number of complaints from our residents about noise, vandalism and other negative behaviour
in our parks have increased over the years. The assistance of our evening shift supervisors has been
helpful. When time permits, they patrol some of the problematic parks and respond to citizen
complaints. However, their priorities continue to be roads and Municipal Works projects. Staff has
had discussions with the Police Department and is aware that our police officers are busy and
respond to calls on a prioritybasis. Often residents complain that the Police do not respond and their
response takes many hours. The existing situation is frustrating for our residents and staff.
Last summer, staffreceived a large volume of public complaints about illegal dumping, vandalism
and bush parties in George Bukator Park. The Police were contacted and during our discussions they
recommended that the City utilize the security company that had been retained by the Stanley
Industrial Park. They informed staff that the private company had significantly reduced the
vandalism and theft problems experienced in the Industrial Park. Staff explored their suggestion and
decided to retain Cantec Security to patrol George Bukator Park at an annual cost of $3,000. The
patrols occurred for three (3) hours per night between 10:00 p.m. and 6:00 a.m., on a seven (7) days
per week basis. As a result of the increased surveillance, illegal dumping, vandalism and bush
parties were significantly reduced.
Based on the success we experienced with George Bukator Park, staffhas extended the contract to
provide surveillance to a number of our other problematic parks. This service will be provided on
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Municipal Works · Fire Services · Parks, F~ecreation & Culture · Business Development · Building & By-Law Services
July 14, 2003 - 2 - R-2003-46
a seven (7) days per week basis between the hours of 8:00 p.m. and 4:00 a.m. During that time, two
parks will be patrolled per evening. Staffwill determine which parks will be patrolled. Afierhours,
members of the public will continue to contact our shift supervisor who will either personally
respond to the complaint, or direct the guard on duty to respond.
The cost of the increased service is approximately $4,000 per month. Funds to cover the cost of the
service are within the operating budget and reserves. At the end of the summer, the cost and
effectiveness of the security patrol service will be evaluated. If it is determined that the service
should be continued, appropriate funds will be included in the 2004 operating budget.
Adele Kon
Director of Parks, Recreation & Culture
Respectfully submitted:
~h ih ne fMAad~n~sa~da t i v e Officer
AK/das
S:\Council\Council 2003LR-2003-46 ~ Increased Park Surveillance.wpd
Community Services Department
The Ci~, of ~&~' Municipal Works
' ~ ~'ll. 4310 Queen Street
Niagara Falls lJ~l~.P.O. Box 1023
Canada ~~Niagara Falls, ON L2E6X5
~1~1~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-t 34
Ed Dujlovic
Director
July 14, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2003-134 - Casino Roads Environmental Assessment Update
RECOMMENDATION:
That this report be received for information.
BACKGROUND:
The appeal period for the Class Environmental Assessment for the reconstruction of roads adjacent
to the new casino ended on June 19, 2003. There were no appeals. We have received approval for
phase V ( implementation / construction ) from the Ministry of Environment.
Prepared)by:
/ / · .....
Darrell Smith, P.Eng.
Manager of Engineering Services
Ed Dujlovic, P.Eng.
Director of Municipal Works
Respectfully Sub~mitted by:
onald
//Chief Administrative Officer
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
Community Services Department
The Ci~ of ~-~ Municipal Works
· ' fl~ . 4310 Queen Street
Niagara
Falls
y~.. P.O. Box 4023
Canada ~~Niagara Fails, ON L2E 6X5
~T~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-135
Ed Oujlovic
Director
July 14, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-135 - Casino Roads Reconstruction
Contract Issues
RECOMMENDATION:
That Committee authorizes staff to include a bonus / penalty clause in the construction contract for
the road reconstruction for the new casino.
BACKGROUND:
As Committee is aware, Staff is reviewing ways to speed up the constmction process in order to meet
the deadline for the opening of the new casino. Normally, a construction contract allows for a certain
number of working days to complete the project. If the contractor cannot work due to weather, or
some other reason, a working day is not counted. The contract we will be preparing for the casino
work will be a completion date contract. That means that the work must be done by a certain date,
regardless of weather conditions or other factors.
Additionally, a contract contains a clause allowing for liquidated damages if the contract completion
date is not met. However, in this case, it is our opinion that the normal liquidated damage clause will
not be adequate for this work.
Staff is recommending that we include a bonus / penalty clause to provide additional motivation to
the contractor to complete the work on time. Both the Ministry of Transportation and the Region
of Niagara have had excellent experiences with this type of clause. Staff is suggesting that the clause
reflect the following:
the contractor will receive a bonus of $2,500 per day (to a maximum of $100,000) for every
day before April 16, 2004 that the contract is complete,
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July 14,2003
-~- MW-2003-135
there will be no bonus or penalty if the work is completed between April 17 to April 30,
2004, and
the contractor will pay a penalty of $2,500 per day (to a maximum orS 100,000) for every day
after April 30, 2004 that the contract is not complete.
It should be noted that we are specifying completion of all works, not substantial completion.
Committee's concurrence with this recommendation would be appreciated.
y:
arre~g.
Manager of Engineering Services
Approved b~:
/
/
Ed Dujlovic, P~ng.
Director of Municipal Works
Respectfully submitted:
John MacDonald
Chief Administrative Officer