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2012/02/28FOURTH MEETING REGULAR COUNCIL MEETING February 28, 2012 Council met on Monday, February 14, 2012 at 5:15 p.m. for a Committee of the Whole session followed by an In Camera session. Following consideration of the items presented, the In Camera Session did rise and report in open session. All members of Council were present. Council met for the purpose of considering Regular Business matters in Council Chambers at 7:05 p.m. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the minutes be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated pecuniary interests to an In Camera report, L- 2012 -02 and to report CD- 2012 -02 under Adult Entertainment matters. Councillor loannoni indicated a pecuniary interest to an In Camera report L- 2012 -02. Councillor Morocco indicated a pecuniary interest to an In Camera report, L -2012- 02. Councillor Wing indicated an indirect pecuniary interest to an In Camera report. L- 2012 -02. Councillor Pietrangelo indicated a conflict to report PD- 2012 -018. DEPUTATIONS /PRESENTATIONS Anti - Stigma Campaign Ellis Katsof, Chief Executive Officer of Pathstone Mental Health and Laurie Flasko, Board member addressed Council regarding the "Anti- Stigma" campaign surrounding mental health issues. Mr. Katsof indicated that Mental illness affects one in five people. He requested Council's support in placing the posters he provided in our Municipal buildings and also placing the "Anti- Stigma" logo on the City's website. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that Council support the requests made. Carried Unanimously Community Safety Zone John Grubich, Traffic Planning Supervisor and representatives of the Niagara Regional Police (NRP) informed Council of a proposed Community Safety Zone in the Kalar and McLeod Road area. 2 February 28, 2012 -AND- TS-2012-08 - Kalar Road and McLeod Road - Community Safety Zones. The report recommends: 1 ) That a Community Safety Zone be established on Kalar Road between a point 130 metres north of Forestview Boulevard /Rideau Street and a point 105 metres south of McLeod Road. 2) That a Community Safety Zone be established on McLeod Road between a point 40 metres east of Garner Road and a point 115 metres east of Kalar Road. 3) That Parking and Traffic By -law 89 -2000 be amended to include a new schedule for Community Safety Zones. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PLANNING MATTERS PD- 2012- 16 -AM- 2011 -015, Zoning By-law Amendment Application. 5401 River Road. Applicant: David Hagerman. Proposed Cottage Rental Dwelling. The Director of Planning reviewed the recommendations and provided the following information. Background Site specific zoning regulations are requested to add a cottage rental dwelling ► To recognize the existing north side yard setback and to increase the maximum parking area in the rear yard. At the January 24, 2012 Council meeting, Council directed staff to conduct a review of the policies affecting cottage rental dwellings. This application was submitted prior to Council's direction and therefore, should be considered under the current Official Plan policies. A report outlining the results of the policy review at a future Council meeting. This application was filed as the result of a complaint. Neighbourhood Open House Held on January 12, 2012 One neighbour attended. Letters express concerns about excessive noise from groups staying in the house, parking problems, large groups, drug use and use of a fire pit. Planning Analysis Official Plan Property currently designated Residential which permits Bed & Breakfast. Land is also within the River Road Satellite Tourist District which provides for alternative forms of accommodation providing the residential character of one neighbourhood is maintained. 3 - February 28, 2012 Development complies with Official Plan: ► Cottage rental dwelling is form of small scale, short term tourist accommodation, similar to a bed and breakfast that is permitted. ► Site is appropriate location for alternate form of small scale, short term tourist accommodations in proximity to Tourist Core. ► Residential character will be maintained as no changes to property and existing dwelling; ► Cottage rental dwelling rented to a single group of travelers should not generate any more traffic than a typical detached dwelling; and ► Number of bedrooms is limited to 4, occupancy is limited to 8 persons. Currently there is only one approved cottage rental dwelling within 300 m. An additional cottage rental dwelling does not represent an undue concentration Zoning Zone changes: ► to the minimum side yard depth and maximum area for parking in a rear yard recognize the existing situation and, ► Compatible with surrounding land uses. The dwelling had four bedrooms, all on the second floor ► Limited to a maximum of four bedrooms and eight occupants. Licensing & By -law Enforcement Applicant will be required to obtain a municipal license to operate the cottage rental dwelling. Conclusion The applicant has requested a zoning amendment to permit the existing single detached dwelling on the property to be used as a cottage rental dwelling The amendment can be supported because: ► The proposed use is similar to bed and breakfast. ► The property is located in the River Road Satellite Tourism District which has convenient access to the Tourist Core; ► The proposed use would be compatible with surrounding dwellings ► No changes are proposed to the dwelling that will alter its appearance or character; ► The size of groups renting the dwelling will be controlled ; and ► The City can regulate the use through licensing and enforcement of its noise by -law. Recommendation That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the existing single detached dwelling to be used as a cottage rental dwelling with a maximum of four (4) bedrooms. Danny Mazalica, 5411 River Road, indicated his quality of life had been diminished due to the presence of large unsupervised groups at the property. Susan Wall, 5421 River Lane, lives behind the property in question. Ms. Wall is opposed to the proposed cottage rental dwelling amendment. She is affected by noise and smoke emanating from the property. - 4 - February 28, 2012 David Hagerman, applicant and owner of the property. Mr. Hagerman indicated that he has owned another cottage dwelling for approximately four years and has never received a complaint from the neighbours. Mr. Hagerman advised that he has removed the fire pit that was on the property and he has created a contract with a deposit requirement. He has a person nearby who will monitor the property and it is not in his best interest to see it damaged. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the matter be deferred until staff comes back with related policies and that the applicant work with the neighbouring residents. Carried Unanimously PD- 2012 -19 - AM- 2010 -22, Official Plan and Zoning By -law Amendment Application. 6881 Stanley Avenue (Former Loretto Academy). Applicant: 1149948 Ontario Limited (Tony Zappitelli). Agent: Richard F. Brady; Ed Lustig, Broderick and Partners. Proposed Hotel /Residential Condominium Development. Background An Official Plan Amendment is requested to change the urban design policies to reflect modifications to the building form and massing including podium height, floor plate size, tower width and the southerly side yard setback. A Zoning By -law Amendment is requested to change the current site specific Tourist Commercial zoning to allow three high rise buildings (32, 57 & 42 storeys) which may be developed as hotels and /or apartment buildings. Neighbourhood Open House Held on January 25, 2012. Residents & Niagara Parks Commission (NPC) had questions about shadowing, waste disposal, traffic impacts, setbacks from Our Lady of Peace cemetery and public access to the former Loretto Academy. Residents expressed concerns about the loss of trees and green space on the property. The NPC also expressed concerns about storage of household goods on balconies if buildings are developed as residential condominiums. Planning Analysis Official Plan Land is designated Tourist Commercial in the Official Plan as amended by OPA No. 90. OPA No. 90 allows a development consisting of three hotels and /or apartment buildings (32, 57 & 42 storeys) The heights of the buildings are allowed in return for retaining, conserving and /or restoring the former Loretto Academy and retaining and conserving the portion of the site running north /south in an alignment to the east of the existing buildings. ► Amendment application accompanied by heritage impact assessment, shadow impact assessment, pedestrian level wind study, transportation impact study, tree inventory, archaeological study; architectural peer review report. ► A section 37 agreement which secures cash for the portion of the building(s) above 30 storeys for community facilities, in addition to streetscaping contributions. Policies establish urban design requirements that establishes podium heights, building floor plate sizes, tower length to width ratios; minimum tower setbacks, separation distances between towers; landscaping that defines streets; Applicant is requesting: - 5 - February 28, 2012 • podiums of the buildings to have larger floor plates (1700 sq m from the 5th —15th floors and 1150 sq m above the 15th floor); ► The towers to have length to width ratios of 1:2.6 from the 5th to the 15th floors and 1:1.5 to 1:1.8 above the 15th floor. ► To allow tower portions to be as close as 10 m from any interior lot lines. Heritage Impact Assessment & Associated Peer Review Applicant submitted a Heritage Impact Assessment (HIA) ► New buildings will diminish the scale of the existing building. However, mitigative options including preservation of the building and reconstruction of the mansard roof and cupola. ► Green space to the east of the building along the top of the bank, visual connections to Our Lady of Peace, to be preserved. ► Proposed `garden wall' could frame the Chapel from the site to provide a visual link. Use of light and transparent materials at the base of the new buildings should be used to provide a contrast to the existing building An independent peer review of the HIA - contracted ERA Architects Inc. ERA concluded that the entire east lawn should be preserved as a cultural heritage landscape. This would require moving the north and south buildings westward 13 m and 21 m, respectively. Developer shifted north and south buildings westward 3 m. ERA accepts the findings that the Loretto Academy exhibits heritage value and the site relationship with Our Lady Of Peace Chapel and Mount Carmel as a cultural heritage landscape. While it would be desirable to protect a greater portion of the landscape and to maintain visual continuity between Our Lady of Peace Chapel, the developer is unable to alter his development plans. Municipal Heritage Committee supports the location of the development and request the Loretto building and east lawn be designated under the Ontario Heritage Act. The developer is agreeable. ARCHITECTURAL PEER REVIEW (APR) All buildings subject to an architectural peer review. Tourist Area Development Application Guide (TADS) encouraged a 'wedding cake' form. New guidelines in the Tourist Policy Review Implementation Handbook introduced in 2004 prescribe floor plates and length -to -width ratios. Both sets of guidelines meet the objectives of the Official Plan. Architectural Peer Review does not support the project as designed. APR found that wider building designs contribute to a `wall effect' Diminish the vistas from the Park; Buildings should be set back to preserve the entire lawn on the east side. Staff has found this property is much larger than other properties in the Central Tourist core which provides some flexibility in design without causing adverse impacts. The requested change in podium height from 17 m and 4 storeys to 21 m and 5 storeys are supported for the north and central buildings. Proposed increase in height of the southerly building podium from 17 m to 19.5 m cannot - 6 February 28, 2012 be supported as it would overshadow Our Lady of Peace Chapel. Microclimate Study A comprehensive microclimate study concludes that wind conditions are pre- existing and use of wind screens and tree planting will mostly mitigate impacts caused by the proposed buildings. Study concludes that adverse wind conditions will be created by the proposed buildings which will affect pedestrian safety at the northerly entrance to the Our Lady of Peace Chapel. It is recommended the zoning by -law for the southerly building include a holding provision to secure a further microclimate study to determine mitigation measures to reduce wind impacts around this entrance. ARCHAEOLOGICAL STUDIES Applicant has completed Stage 1, 2 & 3 Archaeological Assessments Provincial sign -off on the Stage 3 has not yet been received. Stage 3 Archaeological Assessment recommends a Stage 4 Archaeological Assessment be completed prior to development for 2 sites. To ensure completion of the Stage 4 Assessment, a holding provision be placed on all 3 parcels. SCOPED ENVIRONMENTAL IMPACT STUDY A Scoped Environmental Impact Study (EIS) was completed to address the Official Plan requirement for a tree inventory. 25% of the trees on the property could be saved Mainly located along the east lawn area No species at risk are impacted. TRAFFIC STUDY Traffic study submitted, surrounding streets generally can accommodate the traffic generated by the development. A 3 m wide road widening will be required along the south side of Livingstone In future, a right turn lane on southbound Stanley Ave, Region to confirm Zoning By -law Separate by -laws be passed for each of the parcels. Building heights:118 m (387 ft) requested for south building; 197 m (646 ft) requested for central building; and 141 m (462 ft) requested for north building. Building Podium Heights: 21 m (69 ft) supported for north and central buildings; Staff recommend podium for south building be limited to 17 m (56 ft) Parking: 331 spaces proposed for south hotel whereas 332 spaces are required. One parking space will not have off -site impacts Landscaping: 32% requested for south building parcel; 40% requested for central building parcel and 35% requested for north building parcel. Planning staff recommend a landscaping strip of 19 m to 29 m be secured along the east property line to protect the east lawn; 6 m be secured along Stanley Ave. Loading spaces: 0 requested for south building; 1 requested for central building & 1 - 7 - February 28, 2012 requested for north building; cross easements should be secured. Residential use: permit the north and south buildings to be used for residential use. Section 37 Agreements Section 37 Agreements are permitted under the Planning Act to secure community facilities, in return for increased height and density. All projects over 4 storeys in height in the tourist area are required to pay for streetscape improvements on abutting streets. Section 37 Agreements should secure a cash contribution. Developments over 30 storeys are required to make a cash contribution based on 5% of construction costs for the net floor areas over 30 storeys. The estimated contribution for the buildings are between 2.7 million and 3.4 million depending on development The contributions are to be directed to one or more of the following municipal community facilities: ► Gale Centre ► Portage Prospect (proposed public plaza at top of the incline railway) ► Livingstone Outlook ( at Fallsview Blvd. and Livingstone St) ► Millennium Trail ► Niagara Falls History Museum ► West End Fire Hall ► Proposed Bus Terminal on Stanley Ave The Section 37 Agreements would require a Heritage Conservation Plan and the designation of both the Loretto Academy and the east lawn under the Ontario Heritage Act after issuance of the first Building Permit for the redevelopment. Conclusion Changes to the Official Plan policies can be supported because: Redevelopment has received support from the City's Municipal Heritage Committee. Requested design changes meet the objectives of the Official Plan in providing adequate gaps between tall buildings, avoiding a solid wall of buildings. Section 37 agreements secure building form, streetscaping improvements and capital facilities contributions. The amending by -laws will: Establish regulations to implement the recommended policies. The holding provisions will secure completion of archaeological work, the microclimate study and heritage designation. Recommendation That Council approve the application to adjust the built form requirements contained in Official Plan Amendment No. 90 and amend Zoning By -law No. 79 -200 to permit hotels or apartment buildings on the subject lands consisting of 3 buildings, the southerly building with a height up to 32 storeys, the central building with a height up to 57 storeys and the northerly building with a height up to 42 storeys. That site specific zoning by -laws be passed for each of the 3 buildings and address the following matters: ► Limit the podium for the south building to a height of 17 m. ► Include a holding provision in all three by -laws requiring Provincial sign -off on a Stage 4 Archaeological Assessment prior to development; and - 8 - February 28, 2012 ► Include a holding provision in the by -law for the southerly building requiring the completion of a further microclimate study to mitigate pedestrian level impacts on the Our Lady of Peace chapel. That the passage of the amending zoning by -laws be conditional on the execution of Section 37 agreements for each of the three buildings to secure the design of each of the projects, a capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and a contribution of $388,000 for streetscaping works on abutting street frontages. That the above noted section 37 agreement include provisions to require the Loretto Academy be retained /conserved/ restored in accordance with a Heritage Conservation Plan to the satisfaction of the City and designate the Loretto Academy building and the east front lawn (as shown on the attached schedules) under the Ontario Heritage Act following the issuance of the first Building Permit for the central building. Carla Carlson, 411923 Vineland Station, expressed concern with the lack of greenspace and continued development along the escarpment. Arlene Noelle, St. Catharines, advised that in her opinion this development will add to the "wall" along the escarpment. Ed Lustig, Broderick & Partners, agent for the applicant, was in support of the staff report and recommendation but requested that recommendation 2 (a) to limit the podium for the south building to a height of 17 metres be removed since the matter has since been cleared up with Reverend Makacinas. Mr. Lustig believe his applicant has submitted a win /win proposal, containing a balance of economics and the need to preserve and protect the Loretto property. All parking would be on -site. He also informed Council that an appeal of the related Official Plan amendment had been dismissed. Peter Lesdow, architect, provided visual depictions of the proposed building, how they followed the TADs (Tourism Design) principles, exceed separation distances, preserved the existing building and will reinstate a pathway along the escarpment. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved, omitting recommendation 2(a). Motion Carried with Councillor Wing opposed ADULT ENTERTAINMENT MATTERS 1 CD- 2012 -02 - Live Adult Businesses By -law, Sam's Montrose Inn, 8675 Montrose Road The report recommends that based on By -law 2009 -179, it is not in the public interest to amend the Live Adult Businesses By -law (2002 -197, as amended) to warrant an increase in adult entertainment parlours. George Radojic, representing the applicant, provided rationale supporting his applicant's request. A recorded vote was requested. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that based on By -law 2009 -179, it is not in the public interest to amend the Live Adult Businesses By -law (2002 -197, as amended) to warrant an increase in adult entertainment parlours. Councillor Wing Councillor Thomson Councillor loannoni Councillor Morocco Councillor Maves AYE Conflict AYE AYE NAYE - 9 - February 28, 2012 Councillor Kerrio Councillor Gates Councillor Pietrangelo Mayor Diodati MAYOR'S REPORTS, ANNOUNCEMENTS NAYE AYE AYE AYE Motion Carried Mayor Diodati extended condolences to Brian Varley, a city employee, on the passing of his mother, Florence Hazel Varley. Mayor Diodati advised of recent events: the Wallenda Walk approval, Family Day free skating at the Gale Centre and the Mayor's Blood Donor Clinic. Mayor Diodati advised of upcoming events: the Clarkson Cup at the Gale Centre, the Festivals & Events of Ontario Annual Conference, the Mayor's State of the City address and Earth Hour. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Epilepsy Niagara - requesting that March be proclaimed as "Epilepsy Awareness" month and that March 26th be recognized as "Purple Day ", encouraging people to wear purple to increase awareness. RECOMMENDATION: For the Approval of Council. 2. Fresh Air Fund - requesting that March 20th be proclaimed as "Fresh Air Fund Day ", the program that provides vacations to low income children from New York City. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the requests in Communications # 1 and 2 be approved as recommended. Carried Unanimousl Councillor Kerrio exited Chambers 3. Arts & Culture Committee - requesting Council fill the committee vacancies with the recommended candidates. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor loannoni that Council approve the Arts & Culture Committee recommendations. Motion Carried with Councillor Wing opposed. Councillor Kerrio returned to Chambers. 4. Sinnicks Avenue Residents - correspondences in favour and opposed to the reinstatement of the sidewalk ploughing. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the issue be referred to staff for a future report. Carried Unanimously 5. Donna Mancuso - requesting the City name the Thorold Stone Road extension after her father. RECOMMENDATION: For the Consideration of Council. - 10 - February 28, 2012 ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that "Pete Mancuso" be referred to the potential street name list and that staff find meaningful recognition for Mr. Mancuso. Carried Unanimously TS- 2012 -05 - Parkside Road - Parking Review. The report recommends that parking is restricted on the west side of Parkside Road between Heikoop Crescent and a point 25 metres north of Upper Canada Drive between 5:00 p.m. and 11:00 p.m., Monday to Friday, and all day on Saturday and Sunday, June through September, inclusive. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be deferred. Carried Unanimously REPORTS BUDGET F- 2012 -11 - Debt Management Strategy ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the Budget discussions be deferred to the March 27th Council Meeting. Carried Unanimously RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in the Committee of the Whole meeting, on February 28, 2012 be approved. Carried Unanimously with Councillor Pietrangelo declaring a conflict to # 3. REPORTS: 1) F- 2012 -10 Development Charges waiver for the FACS Building a. That Council approve a grant equal to the City portion of the Development Charges ($47,490) funded from the reserve fund and Council support the organization's efforts to get a grant equal to the Regional development charges. 2) L- 2012 -03 Committee of Adjustment Extent of Authority Receive and file the report. 3) PD- 2012 -018 Appeal of the Committee of Adjustment Decision, Consent Application B -201 1 -024, 7715 Carl Road Applicant: Salvatore & Rita Pietrangelo That Council authorize staff to withdraw the appeal of the Committee of Adjustment's decision to grant Consent Application B- 2011 -024 to the Ontario Municipal Board. - 11 - February 28, 2012 RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the recommendations from the " In Camera" meeting from February 28th, 2012 be approved. 1. L- 2012 -02 632162 Ontario Limited Proposed Purchase from the City Part of Alley, Plan 311 1. That the City enter into an Agreement of Purchase and Sale with 632162 Ontario Limited to convey the lands known as Part of the Alley, Plan 311, Village of Niagara Falls, lying between Peer Lane and Parts 1 and 2 on Reference Plan 59R -9971, Niagara Falls (PIN 64349 -0191) at $20,000. 2. That the conveyance be made conditional upon the Purchaser bringing the property known municipally as 5580 Peer Lane into compliance with City of Niagara Falls Zoning By -law 79 -200, as amended. 3. That the Mayor, Clerk and City Solicitor be authorized to sign any knowledge document required to complete the transaction. 2. L- 2012 -04 Proposed Sale of Land Struhanyk, Darka Corner of Pew Street and Brookfield Avenue 1. That the portion of the Pew Street road allowance that is occupied by the carport attached to 5948 Brookfield Avenue, in the City of Niagara Falls, be conveyed to the owner of 5948 Brookfield Avenue, Niagara Falls, for $15,000. 2. That the Mayor and Clerk be authorized to execute all necessary document to carry out the foregoing. 3. MW- 2012 -10 Temporary Road Access to Colangelo Estates, Marinelli Estates Plan of Subdivision That the Mayor and Clerk be authorized to execute an Agreement between the City and 586112 Ontario Ltd. (Donato Colangelo) regarding Lots 14 and 16 in the Colangelo Estates Plan of Subdivision. Motion Carried with Councillor Gates opposed to # 1 and 2. RESOLUTIONS NO. 6 - WING - PIETRANGELO - therefore be it resolved that Niagara Falls City Council indicate its support for Bill C -311 and notify the local Member of Parliament. Carried Unanimously NO. 7 - WING - PIETRANGELO - therefore be it resolved that the Ministry of Consumer Services be petitioned to either amend the Vintners Quality Alliance Actto allow fruit wines, 100% grown and produced in Ontario, to qualify for quality certification; and that the Province introduce legislation to allow the sale of fruit wines at Ontario farmers markets. Carried Unanimously - 12 - February 28, 2012 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2012 -13 - Falls Avenue (formerly Roberts Street) Gateway Landscaped Boulevard and Median Maintenance. The report recommends that Council direct staff to enter into an Operating Agreement with the Niagara Region for the ongoing care and maintenance of the boulevard and median on Falls Avenue (formerly Roberts Street) from Stanley Avenue to Victoria Avenue. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be deferred. Carried Unanimously F- 2012 -07 - Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes MW- 2012 -12 - Drinking Water System Summary Reports. The report recommends that this report be received and filed. PD- 2012 -17 - Request for Relief of Lease Rate for Downtown Cafes. The report recommends that Council waive the fee requirement for sidewalk cafes in the downtown area for the 2012 season due to the ongoing construction along Queen Street. TS- 2012 -09 - Carolyn Avenue at Heather Avenue - Intersection Control Review. The report recommends that a stop sign be installed facing southbound motorists on Heather Avenue at Carolyn Avenue. TS- 2012 -10 - Leader Lane - Intersection Control Review. The report recommends that stop sign control be established at all streets intersecting with Leader Lane. TS- 2012 -11 - Forestview Boulevard - School Crossing Guard Review. The report recommends that a school crossing guard be stationed during the morning and after school hours to provide assistance to school children crossing at the intersection of Forestview Boulevard at Parkside Road. TS- 2012 -01 - McMicking Street, Parking Control Review. The report recommends the following: 1. A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the north side of McMicking Street between Dorchester Road and Piva Avenue. 2. A no stopping zone at all times be established on the south side of McMicking Street between a point 10 metres west of Piva Avenue and a point 10 metres east of Piva Avenue. 3. A no stopping zone at all times be established on the north side of McMicking Street between Piva Avenue and a point 15 metres east of Piva Avenue. TS- 2012 -06 - Cherrygrove Road at Dovewood Drive Intersection Control. The report recommends that a stop sign be installed facing southbound motorists on Dovewood Drive at Cherrygrove Road. TS- 2012 -13 - Award of Pavement Marking Tender. The report recommends the following: 1. That Provincial Maintenance be awarded Contract RFT04 -2012 and RFT05 -2012 for on- street pavement markings, truck - mounted and small machines, and 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. - 13 - February 28, 2012 ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the remainder of the reports on the Consent Agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. 2012 -11 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of February, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by -laws be read a second and third time and passed. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the meeting go past 11:00 p.m. with Councillors loannoni, Thomson and Morocco opposed. NEW BUSINESS Section 37 Motion Carried ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the Niagara Falls Farmers' Market be added to the list of potential section 37 projects. Carried Unanimously Gale Centre ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council receive a copy of the vendor agreement with Break -a -Way Sports at the Gale Centre. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff be directed to ensure the hockey groups have their year -end parties as in the past and resolve the issues. Carried Unanimously ORDERED on the motion of Councillor Kerrio seconded by Councillor Maves that the meeting be adjourned at 11:35 p.m. DEAN IOR DA, CITY CLERK Carried Unanimously • JAMES M. DIODATI. MAYOR