Additions 2010/04/26ADDITIONS TO COUNCIL, MONDAY APRIL 26 20109
COMMUNICATIONS
Boys and Girls Club -Requesting Council "remove the application of development
charges" .
RECOMMENDATION: Refer to staff for a report.
BY-LAWS
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on
City Roads. (Loading Zones, Stopping Prohibited, Standing Prohibited, Parking Meter
Zones).
-AN D-
An E-mail from the Director of Transportation Services
2. A by-law to authorize certain capital works of the corporation of the City of Niagara Falls
(the "Municipality"); to authorize the submission of an application to the Ontario
infrastructure projects corporation ("OIPC") for financing such works and certain other
ongoing works; to authorize temporary borrowing from OIPC to meet expenditures made
in connection with such works; and to authorize long term borrowing for such works
through the issue of debentures by the regional municipality of Niagara (the "upper-tier
municipality") to OIPC.
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Boys & Girls Club
of Niagara
A good place to be
Ken Todd, CAO
City of Niagara Falls
4310 Queeu Street
Niagara Falls, ON L2E 6X5
Dear Mr. Todd:
Please accept this letter as a request for Niagara Falls City Council [o remove the application of development tees on the Boys and
Girls Club -New Niagara Falls Centre Project in consideration of the following:
The development charges estimated by City staff April 20, 2010 are cost prohibitive, believed to be at $159,000 -City of Niagara
Falls and $270,000 -Regional Municipality of Niagara.
The Club has worked closely with the City of Niagara Falls in the development of this project long before the implementation of the
current development charge practices, September 2009. Specifically, rezoning and preliminary site plans were submitted as early as
2006. Consultants, commissioned by the City of Falls, 2007, developed the basis for the capital program which does not
accommodate dre development charges and was included in submission for the Infrastructure Stimulus Fund by the City of Niagara
Falls May 2009 and the Boys and Girls Club August 2009.
The Boys and Girls Club is further requesting that the City of Niagara Falls issue all building permits as they would in the normal
course of the project without collecting the development fees in advance. The project must be substantially completed by March
2011. As such, the issuing of timely building permits is critical in the success of the project, commencing with the issuing of a
clearing permit April 23 and Foundation [he week of April 26, 2010. While City building staff are confident in the schedule
proposed by the contractor, they (rave indicated the need to submit development fees prior to issuing permits making moving the
project forward cost prohibitive.
We look to your leadership with respect to nest steps in addressing these issues.
Sincerely
/~~`-QQit/ZC /~llX11PlL
JoAnne Turner
Executive Director
Cc. Carolynn Ioannoni, City of Niagara Falls
;.=ort Erie • Niagara Falls •Niagara-on-the-Lake • Pelham • Port Colborne • St. Catharines • Wainfleet • Wellar
Phone:905-357-2444 Fax:905-357-7401 Email: club@boysandgirlsclubniagara.org
Web: www.boysandgirlsclubniagara.org
(412 312 0 1 0)_ Dean Idrfida -Tour Bus Loading Zone In front of 4680 Queen Street ~ ' ~ Page 1 ;I
From: Karl Dren
To: Iorfida, Dean
CC: Bob Bolibruck; Carrick, Marzenna; Dren, Karl; Grubich, John; Ken Tod...
Date: 4/23/2010 3:34 PM
Subject: Tour Bus Loading Zone - In front of 4680 Queen Street
Dean, at the request of the Downtown BIA, staff have investigated and are supportive of establishing a
15 minute Tour Bus Loading/Unloading zone to service the businesses at 4680 Queen Street. This
parking revision will result in the removal of two parking meters and the removal of the chicane,
relocation of a streetlight pole and 2 trees to accommodate the Tour Bus loading and unloading activity.
This construction work is being undertaken in advance of the streetscaping slated for later this year and
will be funded accordingly.
This 15 minute Tour Bus loading/unloading zone will be monitored to determine it's future need based on
usage. I will provide you with the by-law amendment for inclusion in the Council handout package
outlining the parking revisions to facilitate the loading/unloading zone.
I trust this is satisfactory
Karl
Karl Dren, C.E.T.
Director of Transportation Services
The City of Niagara Falls -Transit Building
4320 Bridge Street
Niagara Falls, Ontario, Canada
L2E 2R7
Phone :905-356-7521, ext. 4509
Fax:905-356-5576
email: kdren@niagarafalls.ca
website: www.niagarafalls.ca
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2010 -
A by-law to amend By-law No. 89-2000,
being a by-law to regulate parking and
traffic on City Roads. (Loading Zones,
Stopping Prohibited, Standing Prohibited,
Parking Meter Zones)
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
By-law No. 89-2000, as amended, is hereby further amended
(1) by adding to the specified columns of Schedule M thereto the following item:
LOADING ZONES
COLUMN1 COLUMN2 COLUMN3 COLUMN4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Queen Street South A point 35 metres west of St. Lawrence Avenue and 15 Minute Limit
a point 50 metres west of St. Lawrence Avenue Tour Bus Loading
and Unloading
(2) by adding to the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Queen Street South A point 22 metres west of St. Lawrence Avenue and At All Times
a point 35 metres west of St. Lawrence Avenue
Queen Street South A point 50 metres west of St. Lawrence Avenue and At All Times
Valley Way
(3) by removing from the specified columns of Schedule B thereto the following item:
-z-
STANDING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Queen St. South St. Lawrence Ave. and a point 38m At any time
West of St. Lawrence Ave.
(4) by adding to the specified columns of Schedule B thereto the following item:
STANDING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Queen Street South St. Lawrence Avenue and At All Times
a point 22 metres west of St. Lawrence Avenue
(5) by removing from the specified columns of Schedule G thereto the following item:
PARKING METER ZONES
COLUMN 1
HIGHWAY COLUMN 2 COLUMN 3
SIDE BETWEEN COLUMN 4 COLUMN 5
FEES MAXIMUM COLUMN 6
TIMES /DAYS
Queen St. South Zimmerman Ave $0.75/1 hour 2 hours 9:00 a. m. to 5:00 p.m.
& Victoria Ave $0.25!20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0.05 /4 min $.025 minimum payment
(6) by adding to the specified columns of Schedule G thereto the foll owing items:
PARKING METER ZONES
COLUMN 1
HIGHWAY COLUMN 2
SIDE COLUMN 3
BETWEEN COLUMN 4
FEES COLUMN 5
MAXIMUM COLUMN 6
TIMES t DAYS
Queen Street South Zimmerman Avenue $0.75 / 1 hour 2 hours 9:00 a.m. to 5:00 p.m.
& St. Lawrence Avenue $0.25 ! 20 min Except Saturdays, Sundays
$0.1018 min and Holidays
$0.05 / 4 min $0.25 minimum payment
Queen Street South Valley Way $0.75 / 1 hour 2 hours 9:00 a.m. to 5:00 p.m.
& Victoria Avenue $0.25 / 20 min Except Saturdays, Sundays
$0.10 / 8 min and Holidays
$0.05 / 4 min $0.25 minimum payment
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This By-law shall come into force when the appropriate signs are installed.
Passed this twenty-sixth day of April, 2010.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading: April 26, 2010
Second Reading: April 26, 2010
Third Reading: April 26, 2010
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CITY OF NIAGARA FALLS
By-law No. 2010 -
A by-law to to authorize certain capital works of The Corporation of the City of Niagara Falls (The
"Municipality); to authorize the submission of an application to the Ontario Infi•ashucture projects
Corporation ("OIPC") for financing such works and certain other ongoing worksl to authorize
temporary borrowing from OIPC to meet expenditures made in connection with such works; and to
authorize long term borrowing for such works through the issue of debentures by the Regional
Municipality of Niagara (The "Upper -Tier Municipality") to OIPC
WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act") provides that a municipal
power shall be exercised by by-law unless the municipality is specifically authorized to do
otherwise;
AND WHEREAS it is now deemed to be expedient to authorize for the municipal purposes of the
Lower-tier Municipality the new capital works described in column (2) of Schedule "A"
(individually a "Project", collectively the "Projects") attached hereto and forming part of this By-
law ("Schedule "A") in the amount of the respective estimated expenditure set out in column (3) of
Schedule "A", subject in each case to approval by OIPC of the financing for such Projects that will
be requested by the Lower-tier Municipality in the Application as hereinafter described;
AND WHEREAS before the Council of the Lower-tier Municipality approved each Project, in
accordance with section 4 of Ontario Regulation 403/02, the Council of the Lower-tier Municipality
had its Treasurer update its most recent annual debt and financial obligation limit received from the
Ministry of Municipal Affairs and Housing (as so updated, the "Prior Updated Limit"), and, on the
basis of the authorized expenditure for each Project as set out in column (3) of Schedule "A"
(referred to hereinafter as the "Authorized Expenditure" for each such Project) the Treasurer
calculated the estimated annual amount payable in respect of each Project and determined that the
estimated annual amount payable in respect of each Project does not exceed the Prior Updated Limit,
and accordingly the approval of the Ontario Municipal Board under the Ontario Municipal Bom•d
Act (Ontario), as amended, was not required before any such Project was authorized by Council;
AND WHEREAS subsection 405(1) of the Act provides that a municipality may authorize
temporazy borrowing to meet expenditures made in connection with a work to be financed in whole
or in part by the issue of debentures if,
(a) the municipality is anupper-tier municipality, alower-tier municipality in a county
or a single-tier municipality and it has approved the issue of debentures for the work;
(b) the municipality is a lower-tier municipality in a regional municipality and it has
approved the work and the upper-tier runicipality has approved the issue of
debentures for the work; or
(c) the municipality has approved the issue of debentures for another municipality or a
school board under section 404;
-2-
AND WHEREAS subsection 403 (1) of the Act provides that a by-law of anupper-tier municipality
authorizing the issuing of debentures for the purposes or joint purposes of one or more of its lower-
tiermunicipalities may require those lower-tier municipalities to make payments in each year to the
upper-tier municipality in the amounts and on the dates specified in the by-law;
AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for
municipal purposes, whether by borrowing money or in any other way, and may issue debentures
and prescribed financial instruments and enter prescribed financial agreements far or in relation to
the debt;
AND WHEREAS subsection 401(3) of the Act provides that alower-tier municipality in a regional
municipality does not have the power to issue debentures and accordingly the Lower-tier
Municipality intends that the Upper-tier Municipality will issue debentures in respect ofthe Projects
and will request that the Upper-tier Municipality do so;
AND WHEREAS the Act also provides that a municipality shall authorize longterm borrowing by
the issue of debentures or through another municipality under section 403 or 404 of the Act and
subsection 403(7) of the Act provides that all debentures issued under a by-law passed by an upper-
tier municipality under section 403 are direct, joint and several obligations of the upper-tier
municipality and its lower-tier municipalities;
AND WHEREAS OIPC has invited Ontario municipalities desirous of obtaining temporary and
long term debt financing in order to meet capital expenditures incurred after December 31, 2003 in
connection with eligible capital projects to make application to OIPC for such financing by
completing and submitting an application in the form provided by OIPC (the "Application");
AND WHEREAS the Lower-tier Municipality requested the Upper-tier Municipality to issue
debentures for the Projects and in this connection the Upper-tier Municipality and the Lower-tier
Municipality submitted an application (hereinafrer the "Application") to OIPC to request financing
in order to meet capital expenditures incurred after December 31, 2003 in connection with the
Projects (the "Project Expenditures") by way of long term borrowing pursuant to section 403 of the
Act through the issue of debentures to OIPC and by way of temporary borrowing pursuant to section
405 of the Act;
AND WHEREAS OIPC has accepted and has approved such Application;
AND WHEREAS the Upper-tier Municipality has agreed to issue debentures for the Projects to
OIPC in the maximum aggregate principal amount of $11,973,550 (the "Debentures"); and OIPC
has indicated that pending the issue of the Debentures it will provide financing by way of temporary
advances to the Lower-tier Municipality in respect of the Projects;
AND WHEREAS the Lower-tier Municipality will enter into a financing agreement with OIPC
pursuant to the terms of which OIPC will provide temporary advances to the Lower-tier
Municipality in respect of the Projects;
-3-
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
The Council of the Lower-tier Municipality hereby authorizes the completion by the City
Clerk /Treasurer of the Application and the submission by such authorized official of the
Application, to OIPC, in cooperation with the Upper-tier Municipality, for the financing of
the Proj ects by way of temporary borrowing from OIPC, pending the issue of Debentures, in
the maximum aggregate principal amount of $11,973,550 as described in Schedule "A", with
such changes thereon as such authorized official approved.
2. The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and
deliver for and on behalf of the Lower-tier Municipality a financing agreement (a
"Financing Agreement") with OIPC that provides for temporary borrowing from OIPC in
respect of the Projects on such terms and conditions as such authorized officials may
approve, such execution and delivery to be conclusive evidence of such approval.
The Mayor and/or the Treasurer are hereby authorized, pending the substantial completion of
a Project or as otherwise agreed with OIPC, to make temporary borrowings pursuant to
section 405 of the Act in respect of such Project, on the terms and conditions provided in the
Financing Agreement and on such other terms and conditions as such authorized officials
may agree, and to sign such evidence of indebtedness as OIPC may require (a "Note"); and
the Treasurer is authorized to sign such certifications as OIPC may require in connection
with such borrowings in respect of the Projects; provided that the amount of borrowings
allocated to any Project does not exceed the Authorized Expenditure fox such Project and
does not exceed the loan amount set out in column (4) of Schedule "A" in respect of such
Project and does not exceed the loan amount set out in column (4) of Schedule "A" in
respect of such Project as appropriate.
4. In accordance with the provisions of section 18 of the Ontario Infrastructure Projects
Corporation flct, 2006 (Ontario), as security for the payment by the Lower-tier Municipality
of any indebtedness of the Lower-tier Municipality to OIPC incurred under the Note, and as
security for the payment by the Lower-tier Municipality of any indebtedness of the Lower-
tier Municipality to the Upper-tier Municipality in respect of Debentures issued for any
Projects, the Lower-tier Municipality is hereby authorized to agree in writing with OIPC that
the Minister of Finance is entitled to deduct from money appropriated by the Legislative
Assembly of Ontario for payment to the Lower-tier Municipality, or from money
appropriated by the Assembly for payment to the Lower-tier Municipality in respect of
specified matters, amounts not exceeding the amounts that the Lower-tier Municipality fails
to pay to OIPC on account of the outstanding indebtedness evidenced by the Note issued by
the Lower-tier Municipality to OIPC and on account of the outstanding indebtedness
evidenced by Debentures issued by the Upper-tier Municipality to OIPC for any Projects,
and to pay such amounts to OIPC.
5. For the purposes of meeting the obligations of the Lower-tier Municipality in respect of the
Note and any Debentures issued by the Upper-tier Municipality to OIPC for any Projects, the
Lower-tier Municipality shall provide for raising in each year as part of the general lower-
tier levy the amounts of principal and interest payable in each year under the Note or any
-4-
such Debentures, to the extent that the amounts have not been provided for by any other
available source including other taxes or fees or charges imposed on persons or property by a
by-law of any municipality.
6. (a) The Mayor and/or the Treasurer are hereby authorized to execute and deliver the
Note, the Mayor and the Treasurer are hereby authorized to enter into, execute and
deliver the Financing Agreement, the City Clerk and Treasurer are hereby severally
authorized to generally do all things and to execute all other documents and papers in
the name of the Lower-tier Municipality in order to perform the obligations of the
Lower-tier Municipality under the Financing Agreement and the Note, and the
Treasurer is authorized to affix the Lower-tier Municipality's municipal seal to any
such documents and papers.
(b) The proceeds realized in respect of the Note after providing for the expenses
related to its execution and delivery, if any, shall be apportioned and applied to
the respective Projects and to no other purpose except as permitted by the Act.
This By-law takes effect on the day of passing.
Passed this 26`h day of April, 2010.
DEAN IORFIDA, CITY CLERK
R.T. (TED) SALCI, MAYOR
First Reading: April 26, 2010
Second Reading: Apri126, 2010
Third Reading: Apri126, 2010.
Schedule "A"
to By-Law Number
(OIPC Projects)
Project Number
1.
2.
Description of Capital Work Estimated Loan Amount
Expenditure
Garner South Grassy Brook West $8,050,046 $6,652,189
Garner Southwest Sanitary Sewer $6,568,234 $5,411,361