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HomeMy WebLinkAbout2013-02-25 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 2:14 p.m. Present: Councillor K. Galloway-Sealock - Chair Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. Ioannidis, Z. Janecki, Y. Fernandes, S. Davey, F. Etherington and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services M. May, Deputy CAO, Community Services J. Witmer, Interim Deputy CAO, Infrastructure Services T. Beckett, Fire Chief L. Johnston, Director of Communications S. Turner, Director of By-law Enforcement K. Carmichael, Interim Director of Transportation Services J. Sheryer, Assistant City Solicitor D. Ross, Manager of Development Review M. Ryan, Utilities Water Engineer J. Joseph, Transportation Demand Management Coordinator C. Goodeve, Committee Administrator CSD-13-016 - DEMOLITION CONTROL APPLICATION DC12/25/R/MV 1. - 48 & 56 RIVER ROAD EAST - ABERDEEN HOMES The Committee considered Community Services Department report CSD-13-016, dated January 23, 2013 recommending approval of Demolition Control Application DC12/25/R/MV for the properties municipally known as 48 and 56 River Road East, subject to conditions. Councillor Y. Fernandes expressed concerns with respect to the potential impact that the proposed demolition may have on the large tree located in the front yard of 48 River Road East. Ms. D. Ross advised that the site plan for the subject property has received approval in principle, adding that any tree removal or restoration would be dealt with through that process. She agreed to forward additional information to Councillor Fernandes as to the tree protection measures that were determined during the site plan approvals process. On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC12/25/R/MV requesting permission to demolish two (2) single detached dwellings located at 48 & 56 River Road East, owned by Aberdeen Homes, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling unit is not substantially complete within two years from the day demolition of the existing residential property is commenced, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” INS-13-001 - ALL-WAY STOP TRAFFIC CONTROL 2. - MILL STREET AT HEIMAN STREET The Committee considered Infrastructure Services Department report INS-13-001, dated February 13, 2013 recommending the installation of an all-way stop at the intersection of Mill Street and Heiman Street. Questions were raised regarding the rationale for installing the proposed all-way stop at the intersection of Mill Street and Heiman Street. Mr. K. Carmichael advised that the intent of the COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 9 - CITY OF KITCHENER INS-13-001 - ALL-WAY STOP TRAFFIC CONTROL 2. - MILL STREET AT HEIMAN STREET (CONT’D) all-way stop was to reduce the number of collisions as well as increasing safety for both vehicles and pedestrians. He stated that an all-way-stop analysis was conducted for the subject intersection and examined the collision history of other similar all-way stop intersections within the City. He acknowledged that an unusually high number of collisions occurred at the subject intersection in one year, noting that it has been staffs’ experience that collisions do not form a standard pattern. He added that while the number of collisions can fluctuate from year to year, staff are comfortable with identifying the existing average collision rate for the Mill Street and Heiman Street intersection at 4.0 per year. He noted that at other intersections across the City with similar traffic volumes, the per year collision rate was reduced to 0.83 following the installation of all-way stop traffic control measures. Councillor Y. Fernandes requested that this matter be voted on separately from the other items listed on the consent agenda. On motion by Councillor D. Glenn-Graham - it was resolved: “That the Uniform Traffic By-law be amended to install an all-way stop at the intersection of Mill Street and Heiman Street.” INS-13-009 - LANE DESIGNATION 3. - PIONEER TOWER ROAD AT BAXTER PLACE The Committee considered Infrastructure Services Department report INS-13-009, dated January 16, 2013 recommending the designation of the eastbound curb lane on Pioneer Tower Road approaching Baxter Place as a right turn only lane. On motion by Councillor D. Glenn-Graham - it was resolved: “That the Uniform Traffic By-law be amended to designate the eastbound curb lane on Pioneer Tower Road at Baxter Place as a right turn only lane.” INS-13-011 - LANE DESIGNATION 4. - KRUG STREET AT LANCASTER STREET EAST The Committee considered Infrastructure Services Department report INS-13-011, dated January 16, 2013 recommending the designation of the southbound cub lane on Krug Street approaching Lancaster Street East as a right turn only lane. On motion by Councillor D. Glenn-Graham - it was resolved: “That the Uniform Traffic By-law be amended to designate the southbound curb lane on Krug Street at Lancaster Street East as a right turn only lane.” INS-13-012 - ON-STREET PARKING REGULATIONS 5. - WOODSMERE DRIVE The Committee considered Infrastructure Services Department report INS-13-012, dated January 23, 2013 recommending on-street parking prohibition for a section of Woodsmere Drive. On motion by Councillor D. Glenn-Graham the recommendation contained in Report INS-13- 012 to prohibit parking at any time on the north/east side of Woodsmere Drive from a point 65 meters west of Doon South Drive to a point 25 meters north/west thereof was brought forward for consideration. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 10 - CITY OF KITCHENER INS-13-012 - ON-STREET PARKING REGULATIONS 5. - WOODSMERE DRIVE (CONT’D) Councillor Y. Fernandes advised that this matter arose from a complaint regarding a cargo van parked on the subject section of Woodsmere Drive. She noted that the van has since been moved and the proposed on-street parking regulations are no longer required. She added that there is limited on-street parking available at this location and area residents have indicated a desire to maintain the existing regulations. In response to questions, Mr. K. Carmichael advised that the proposed parking prohibition would result in the loss of four parking spaces. He stated that when identified on-street parking concerns are being assessed it is done from a traffic and parking safety perspective. He added that while the supply of on-street parking can be an issue for residents, it is not typically a determining factor when considering whether these measures should be applied. He noted that staff were not aware that this matter had been resolved to the satisfaction of area residents. LOST Councillor Glenn-Graham’s motion was then voted on and was . CSD-13-017 - NOISE EXEMPTION REQUEST - CANADIAN CANCER SOCIETY 6. - RELAY FOR LIFE - 455 UNIVERSITY AVENUE WEST The Committee considered Community Services Department report CSD-13-017, dated February 13, 2013 recommending approval of a noise exemption request. On motion by Councillor D. Glenn-Graham - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay For Life Event at Resurrection High School between the hours of 7 A.M. on June 14, and 12 noon on June 15, 2013.” INS-13-018 - NEW APPOINTMENTS TO CYCLING ADVISORY COMMITTEE 7. The Committee considered Infrastructure Services Department report INS-13-018, dated February 13, 2013 regarding the appointment of two new members to the Cycling Advisory Committee. It was noted that any recommendation arising from the Committee regarding this matter would be considered at the special Council meeting being held later this same date. On motion by Councillor D. Glenn-Graham - it was resolved: “That Levi Oakey and Tyson Reiser be appointed to the Cycling Advisory Committee for the term ending November 30, 2014.” INS-13-006 - SIEBERT AVENUE / WOODHAVEN ROAD / HARBER AVENUE 8. NEIGHBOURHOOD - TRAFFIC CALMING REVIEW The Committee considered Infrastructure Services Department report INS-13-006, dated January 14, 2013 recommending the installation of traffic calming measures on Siebert Avenue, Woodhaven Road and Harber Avenue. Mr. Peter Adam was in attendance and spoke in opposition to the traffic calming measures proposed for the Siebert Avenue / Woodhaven Road / Harber Avenue neighbourhood. He stated that the City’s Traffic Calming Policy requires 60% support from affected residents based on a response rate of at least 50%. He advised that a total of 330 properties were surveyed and only 120 responses were received, which equates to approximately 36.4%. He pointed out that this does not meet the criteria set out in the Policy and therefore no further COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 11 - CITY OF KITCHENER INS-13-006 - SIEBERT AVENUE / WOODHAVEN ROAD / HARBER AVENUE 8. NEIGHBOURHOOD - TRAFFIC CALMING REVIEW (CONT’D) consideration should have been given to this matter. However, staff decided to only consider the responses submitted by those residents who live on the three streets in question. He commented that the response rate for Woodhaven Road and Seibert Avenue failed to achieve the 50% required by the Policy and the necessary threshold is only met once the responses for all three streets are combined. He suggested that the results were skewed by over-indexing the responses from the residents on Harber Avenue. He proposed that the measures should be restricted to Harber Avenue as it was the only street that achieved the minimum required response rate. In response to questions, Mr. Adam confirmed that he would support the proposed installation of the speed hump on Harber Avenue, but not the rest of the measures recommended for the neighbourhood. He expressed concern with staffs’ decision to set aside the opinions submitted by area residents and only focus on those expressed by the residents of Siebert Avenue, Woodhaven Road and Harber Avenue. He commented that most of the area residents that he has spoken with are not in favour of the recommended traffic calming measures. In response to questions, Mr. K. Carmichael advised that the original 330 surveys were sent to all of the homes within the boundaries of the subject area. He added that when the review was initiated staff wanted to ensure inclusivity and that everyone in the neighbourhood was informed as to what was being proposed. He stated that as the review process moved forward, it became evident that there were only three main roadways where the concerns were being raised, which became the focus for the proposed measures. He commented that while the final survey was distributed to all 330 residents, the responses received from the three subject roadways were considered separately as those residents would be directly affected by what was being proposed. He confirmed that as a result of traffic calming measures installed in 2009 on Clark Avenue, traffic patterns in this neighbourhood were changed. He added that traffic was effectively pushed onto the subject roadways, noting traffic volumes on Siebert Avenue, Woodhaven Road and Harber Avenue have doubled since the installation of the measures on Clark Avenue. He commented that the increased volume along with concerns related to speeding and through traffic was the impetus for conducting the traffic calming review in this neighbourhood. He advised that originally, the traffic calming review public input process was designed for a single street and not a review of multiple roadways. Mr. Carmichael acknowledged that the overall support level does not meet the prescribed threshold; however, the majority of respondents were in favour of the proposed traffic calming measures. He pointed out that as part of the 2013 traffic calming priority report staff are recommending a review of the City’s Traffic Calming Policy. He noted that one of the main aspects of that policy review will be focused on community involvement and establishing an enhanced means of analysing input from residents when conducting an area review. On motion by Councillor J. Gazzola the recommendation contained in Report INS-13-006 was brought forward for consideration. Councillor Y. Fernandes commented that with the number of streets that intersect Woodhaven Road, she was surprised that there was speeding on that street. She expressed concern with allocating $50,000. towards the proposed traffic calming measures, commenting that they may end up pushing the problems onto the other streets in the area. She suggested that given the low response rate, it might be preferable to only pursue the traffic calming measures on Harber Avenue and possibly the narrowing of Woodhaven Road. Councillor Gazzola spoke in support of the proposed traffic calming measures, advising that speeding is a problem on these roadways, which was perpetuated by the installation of the other traffic calming measures in this area. He encouraged the Committee to support the staff recommendation, commenting on the experience and knowledge of Transportation Services staff with respect to conducting traffic calming reviews. On motion by Councillor J. Gazzola - it was resolved: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 12 - CITY OF KITCHENER INS-13-006 - SIEBERT AVENUE / WOODHAVEN ROAD / HARBER AVENUE 8. NEIGHBOURHOOD - TRAFFIC CALMING REVIEW (CONT’D) “That one speed hump and one raised crosswalk be installed on Siebert Avenue between Harber Avenue and Clark Avenue; and, That one speed hump and one road narrowing be installed on Woodhaven Road between Wilson Avenue and Reyburn Avenue; and, That one speed hump be installed on Harber Avenue between Clark Avenue and Byron Avenue; and further, That curve warning signs and a centreline be installed on Harber Avenue through the curve located between Broadmoor Avenue and Byron Avenue.” INS-13-003 - PERTH ROAD / PLEASANT AVENUE / BELMONT AVENUE 9. NEIGHBOURHOOD - TRAFFIC CALMING REVIEW The Committee considered Infrastructure Services Department report INS-13-003, dated February 13, 2013 recommending that traffic calming measures not be applied in the Perth Road, Pleasant Avenue and Belmont Avenue neighbourhood. Ms. Emma Shehan addressed the Committee to express disappointment with the staff recommendation, commenting on the need for traffic calming measures to address the through traffic on Belmont Avenue. She stated that of the 265 surveys that were circulated to area residents, only 100 were distributed to homes affected by the traffic problems along Belmont Avenue. Accordingly, the majority of respondents are unfamiliar with the traffic issues in this area and therefore skewed the survey results. She added that the three options proposed as possible measures all involved changing Belmont Avenue into a one-way street. She noted that this would force most area residents to travel approximately one and a half kilometres in order to leave the neighbourhood. She commented that these were not seen as being viable solutions for most residents. She requested that consideration be given to having staff re- evaluate the traffic calming measure that might be implemented; such as, installing speed humps or closing Belmont Avenue to have it end in a cul-de-sac. In response to questions, Mr. K. Carmichael advised that the traffic study of the Perth Road / Pleasant Avenue / Belmont Avenue neighbourhood determined that over half of the traffic on those roadways was through traffic traveling to and from Homer Watson Boulevard. He added that it concluded that the implementation of traffic calming measures on Belmont Avenue would only deflect traffic onto Pleasant Avenue; thereby relocating the problem as opposed to addressing it. He indicated that Pleasant Avenue is a primary emergency response route to St. Mary’s Hospital, which limits the traffic calming measures that can be implemented on that roadway. He noted that relocating additional traffic from Belmont Avenue onto Pleasant Avenue would also impede emergency vehicle response times. Mr. Carmichael responded further that it would not be feasible to have Belmont Avenue end in a cul-de-sac. He stated that a cul-de-sac is only permitted to be developed up to 150 meters in length when there is no available secondary access. He added that a cul-de-sac can be developed up to 300 meters in length, as long as an emergency access point is provided at the dead-end. He noted that the terminus of Belmont Avenue exceeds 300 meters from the next access point and therefore a cul-de-sac would not be permitted. He pointed out that the costs associated with establishing a cul-de-sac would far exceed the $50,000. that is typically allocated for traffic calming measures. He reiterated that implementing such measures would only re-direct the existing traffic problems onto Pleasant Avenue and South Drive. A motion was brought forward by Councillor F. Etherington to direct staff to re-examine possible solutions to address the through traffic on Belmont Avenue and Perth Road, without negatively impacting traffic volumes on the surrounding streets. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 13 - CITY OF KITCHENER INS-13-003 - PERTH ROAD / PLEASANT AVENUE / BELMONT AVENUE 9. NEIGHBOURHOOD - TRAFFIC CALMING REVIEW (CONT’D) Several members expressed support for the staff recommendation, commenting that while they are sympathetic to the problems being faced by the residents on Belmont Avenue, there does not seem to be a viable solution to the traffic issues in that area. LOST Councillor Etherington’s motion was then voted on and was . On motion by Mayor C. Zehr - it was resolved: “That traffic calming measures not be implemented for the Perth Road / Pleasant Avenue / Belmont Avenue Neighbourhood.” INS-13-013 - COUNTRY HILL DRIVE - TRAFFIC CALMING REVIEW 10. The Committee considered Infrastructure Services Department report INS-13-013, dated February 4, 2013 recommending traffic calming measures for Country Hill Drive. Mr. K. Carmichael reviewed the staff report, advising that 80% of the residents who were surveyed expressed support for the proposed traffic calming measures. Councillor K. Galloway-Sealock expressed concerns that only 70 surveys were distributed to area residents and requested that staff endeavour to ensure that all area residents who are dependent on a particular roadway to travel to and from their neighbourhood are advised of potential traffic calming measures. Mr. Carmichael advised that staff endeavour to be as inclusive as possible when notifying residents of the potential installation of traffic calming measures. He added that while notification may not always be distributed to every resident within a neighbourhood, signage is installed along the subject roadways providing information with respect to Public Information Sessions as well as the process for submitting comments. On motion by Councillor P. Singh - it was resolved: “That three speed humps be installed on Country Hill Drive between Cherry Hill Drive and Martinglen Crescent; and, That one raised crosswalk be installed on Country Hill Drive in front of Country Hills Public School between Old Country Drive and Coach Hill Drive; and further, That one raised crosswalk be installed on Country Hill Drive at the trail crossing between Coach Hill Drive and Four Seasons Court.” INS-13-014 - TRAFFIC CALMING PRIORITIES FOR 2013 11. The Committee considered Infrastructure Services Department report INS-13-014, dated January 31, 2013 regarding the traffic calming reviews proposed for 2013. Mr. K. Carmichael reviewed the staff report, advising that the four proposed locations for review in 2013 generally reflect the streets with the highest rankings on the traffic calming priority list; with the exception of a couple of locations. He stated that one of those locations is Bridlewreath Street, where an investigation showed that the vast majority of collisions on that roadway, which increased its point total, were directly attributed to people coming in and out of their driveways and hitting parked cars. He noted that those collisions are not correctable by the implementation of traffic calming measures and in staffs opinion, it was preferable to direct efforts towards a roadway with a lower ranking that could benefit from traffic calming. He stated that while Alpine Road is ranked first on the priority list of minor collector roadways, it is not being recommended as it primarily provides access to commercial and industrial sites, with limited residential frontage. He added that Fallowfield Drive, which is ranked second on the COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 14 - CITY OF KITCHENER INS-13-014 - TRAFFIC CALMING PRIORITIES FOR 2013 (CONT’D) 11. priority list of minor collector roadways, is also not being recommended as it is relatively new and a determination needs to be made as to the impact that the Block Line Road extension will have on this street. In response to questions, Mr. Carmichael advised that even though it is not being considered at this time, Bridlewreath Street would continue to be evaluated and would remain on the traffic calming priority list. Councillor Y. Fernandes expressed a preference to have staff pursue a traffic calming review of Doon Village Road (Homer Watson Boulevard to Anvil Street) in place of the proposed review of Pioneer Drive (Homer Watson Boulevard to Doon Village Road). She stated that traffic calming measures were previously installed on other sections of Pioneer Drive. She commented that those measures should have effectively reduced speeds along that roadway and given her firsthand knowledge of the safety concerns on Doon Village Road, she would prefer to see it reviewed in 2013. Mr. Carmichael responded that Doon Village Road is currently ranked fifth on the priority list, which is three spots behind Pioneer Drive. He stated that research has shown that speeds have not reduced on the section of Pioneer Drive that is proposed to be studied, which contributed to its higher ranking on the priority list. He estimated that based on its current standing and the continuing development in the area, a traffic calming review of Doon Village Road would be conducted within the next few years. He advised that staff continue to monitor speeds, volumes and collisions on both warranted and unwarranted streets on an annual basis. He noted that any changes that are observed in traffic conditions are used to modify the rankings on the traffic calming priority lists. Mayor C. Zehr advised that the analysis conducted to create the traffic calming priority list is compiled based on an objective review of the traffic safety issues being faced in a particular area. He cautioned against making subjective changes to the rankings based on one’s personal experiences. In addition, he questioned the number of traffic calming reviews that were being pursued, commenting on the possible future proliferation of traffic calming measures. He suggested that during the proposed policy review consideration should be given to the long-term impact of undertaking multiple traffic calming reviews on an annual basis. Mr. Carmichael advised that Mayor Zehr’s point was well taken and that staff would incorporate a long-term perspective into the policy review. He added that it is recognized that traffic calming measures are not suitable for all roadways and minimum thresholds will be prescribed in the policy to only apply those measures where they are warranted. Councillor S. Davey expressed support for the comments made by Mayor Zehr, regarding the need to avoid making subjective decisions with respect to which roads receive traffic calming reviews in a given year. Carried The following motion was voted on clause by clause and was . On motion by Councillor J. Gazzola - it was resolved: “That traffic calming reviews be initiated in 2013 for the following streets: • Heiman Street - Highland Road to Mill Street; • Pioneer Drive - Doon Village Road to Homer Watson Boulevard; • Franklin Street North - Weber Street to Ottawa Street North; and, • Trussler Road - Highland Road to Highview Drive.” INS-13-017 - DRAFT ONTARIO MINISTRY OF TRANSPORTATION CYCLING STRATEGY 12. The Committee considered Infrastructure Services Department report INS-13-017, dated January 15, 2013 regarding comments and recommendations on the draft Ontario Cycling COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 15 - CITY OF KITCHENER INS-13-017 - DRAFT ONTARIO MINISTRY OF TRANSPORTATION CYCLING STRATEGY 12. (CONT’D) Strategy. In addition, the Committee was in receipt this date of correspondence from Mr. Mike Boos, Tri-Cities Transport Action Group (TriTAG), in support of the recommendations being put forward on the Ontario Cycling Strategy.Mr. J. Joseph reviewed the staff report. In response to questions, Mr. Joseph confirmed that the recommendations outlined in Report INS-13-017 were reviewed and endorsed by the Cycling Advisory Committee at its February 12, 2013 meeting. He confirmed that one of the proposed recommendations encourages the Ministry of Transportation to undertake a more regular review of its Cycling Strategy, given that it has been 20 years since the document was last updated. He added that it is also being recommended that the Province establish a funding source to assist municipalities with maintaining their cycling related infrastructure. He confirmed that while the deadline to submit comments was January 29, 2013, the Ministry agreed to accept the City’s comments after that time. It was noted that any recommendation arising from the Committee regarding this matter would be considered at the special Council meeting being held later this same date. On motion by Councillor Y. Fernandes - it was resolved: “That the comments and recommendations related to the draft Ontario Cycling Strategy be endorsed, as outlined in Infrastructure Services Department report INS-13-017; and further, That the proposed recommendations be submitted to the Province of Ontario for consideration as part of the Ministry of Transportation’s decision making process on the draft Strategy.” CSD-13-015 - AMENDMENTS TO MUNICIPAL CODE CHAPTER 711 13. - OPEN AIR BURNING The Committee considered Community Services Department report CSD-13-015, dated February 19, 2013 recommending amendments to Kitchener Municipal Code Chapter 711 (Open Air Burning) to further regulate recreational (backyard) fires. In addition, the Committee was in receipt this date of two petitions submitted by Ms. Ingrid Sienerth and signed by a combined total of approximately 2,450 people requesting that the City enact a ban on backyard campfires. Mr. S. Turner provided an overview of the proposed amendments, which if approved, would be incorporated into a by-law that would be brought forward for consideration at the March 4, 2013 Council meeting. He indicated that for clarity of process, staff are proposing to repeal the existing version of Municipal Code Chapter 711 and replace it with a version that incorporates the changes outlined in Report CSD-13-015; which include the following: consolidate the types of backyard fires currently defined in Chapter 711, as “fire pits” and “fireplaces”, into one term, known as a “recreational fire”; change the hours for recreational fires, limiting them from 6:00 p.m. to 11:00 p.m.; changes to the definition of nuisance to make it less subjective; provide for a process to ban open air burning on a property found to be a chronic problem; provide that the Director of By-law Enforcement will be responsible for declaring a ban due to smog advisories; and, provide that the Fire Chief will continue to be responsible for declaring a fire ban due to safety concerns, such as extreme dry conditions. Mr. Turner further advised that staff are also recommending the development of a Council Policy to help guide the administrative and enforcement process related to Chapter 711; particularly with respect to enforcement of the nuisance provision. To this, a witness statement from the complainant may be required in order to proceed with a prosecution to show how COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 16 - CITY OF KITCHENER CSD-13-015 - AMENDMENTS TO MUNICIPAL CODE CHAPTER 711 13. - OPEN AIR BURNING (CONT’D) someone was being negatively impacted by a recreational fire. He added that this could also set out things such as any possible medical conditions that would increase the nuisance posed by a fire. He indicated that staff would be seeking the establishment of set fines, which would allow officers to issue a provincial offences ticket versus summons to court. He noted that it is also proposed that after two convictions, a person would be prohibited from having a fire for five years. Ms. Ingrid Sienerth addressed the Committee in support of banning open air burning as a means of reducing air pollution, improving air quality and protecting human health. She distributed material detailing her position, including a suggestion to amend the City of Kitchener’s open air burning by-law to align with the by-laws enacted in Cambridge and Waterloo. She provided an overview of the health concerns associated with inhaling wood smoke, noting that the costs associated with having a recreational fire far out weight the social benefits. In response to questions, Ms. Sienerth advised that the approximately 2,450 people who signed the petitions are requesting a prohibition on backyard campfires, as a means of safe guarding the health and safety of residents as well as preventing the spread of unnecessary air pollution. She indicated that one of her neighbours used to have fires in their backyard on a regular basis. She added that she was forced to file multiple complaints regarding those fires, noting that she would typically wait four hours for a response from By-law Enforcement staff. She stated that the issue was eventually resolved after those neighbours decided to relocate their fire pit in close proximity to the wooden fences that separates their two properties. She noted that the Fire Department extinguished that fire and her neighbours have not had one since that incident. She advised that as a result of the actions taken by the Fire Department, she did not have to file a complaint last year. She estimated that prior to that point she filed approximately ten complaints each year. Ms. Naila Jusufagic attended in support of banning open air burning and detailed the health hazards which come from exposure to wood smoke. She advised that several respiratory conditions as well as cancer can be attributed to wood smoke exposure, adding that wood smoke causes 40 times more cell damage than second hand cigarette smoke. She commented that the relatively small size of backyards in the City do not allow for an adequate dispersal of smoke; thereby leaving dangerous chemicals in the environment where they continue to adversely affect the health of residents. She requested that consideration be given to enacting a ban on backyard campfires, as a means of eliminating those pollutants from the air. Mr. Gary Moore, Bingemans addressed the Committee to request that Bingemans be granted an exemption when open air burning bans are enacted as a result of poor air quality or imposed as an emergency measure during dry weather conditions. He commented that when campers visit their facility they expect to be able to have a fire, particularly for cooking purposes. He indicated that the inability to have campfires, as a result of a fire ban, has an adverse economic impact on their business. He stated that Bingemans’ staff continually monitors the facility and over 80% of their campsites have direct access to pressurized water. He added that they would be amenable to providing an enhanced campfire safety plan, which could include emergency water stations. In response to questions, Mr. Moore advised that he knows of campsites in other municipalities that were able to reach agreements with their local governments to allow campfires during fire bans. He indicated that the 20% of sites that lack direct access to water are located along the Grand River and could be accommodated through portable water tanks. He stated that he was not aware of any fire control issues experienced at Bingemans that required a response from the Kitchener Fire Department. He acknowledged that all visitors receive a copy of the facilities rules with respect to having a campfire, which are reviewed as a condition of entry to the campgrounds. He commented that during the fire ban enacted last summer, numerous visitors arrived at their facility with the expectation that they would be able to cook their meals over a campfire. He noted that a majority of those people were forced to purchase portable COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 17 - CITY OF KITCHENER CSD-13-015 - AMENDMENTS TO MUNICIPAL CODE CHAPTER 711 13. - OPEN AIR BURNING (CONT’D) gas stoves from a local hardware store. He stated that while he agrees with the tenets of what is being proposed, cooking fires at campgrounds, such as Bingemans, should be exempt from the proposed by-law. Dr. Hsiu-Li Wang, Associate Regional Medical Officer of Health, addressed the Committee with respect to the health concerns related to burning wood. She stated that wood burning, like any by-product of combustion, releases air pollutants, which contribute to smog and can give rise to health effects. She outlined the following as the key components of wood smoke that could affect someone’s health: fine particulate matter; carbon monoxide; volatile organic compounds (VOCs); and, polycyclic aromatic hydrocarbons (PAHs). She indicated that those effects depend on the degree of exposure and an individual’s health status. She suggested that where residential wood burning is permitted, consideration should be given to ways to reduce the potential health impacts. She added that such measures may include: restricting times when wood burning is permitted; no burning on smog days; effective enforcement tools to support by-law regulations; educational / awareness activities; and, a mechanism for individual residents to have fires that are impacting them extinguished. She commented that a number of those measures have been incorporated into the amendments proposed for Municipal Code Chapter 711. In response to questions, Dr. Wang acknowledged that a wood burning stove in someone’s home presents a greater health risk, compared to a recreational backyard fire. She noted that this is due to the enclosed environment in which the wood stove is located. She advised that it is difficult to quantify risk as it is dependent upon the amount of time an individual is exposed to wood smoke. She stated that while there are no practical means of completely avoiding air pollution, the provision in the draft by-law that takes into account that a recreational fire represents a greater nuisance to someone with an existing medical condition is a positive measure. She reiterated that the fewer fires that a person is exposed to would decrease the incremental risks to that person’s health. In response to questions related to cost recovery and emergency fire bans, Chief T. Beckett advised that the Fire Department established a fee of $463. to be charged for continued responses to a property as a result of open air burning violations. He stated that this fee covers the cost of staff attending open air burning situations where the property owner has been previously advised of the requirements, cautioned or charged. He further advised that he was not aware of any area campgrounds that are permitted to have fires during a ban. He stated that the provisions for an emergency ban in Chapter 711 are based on what is imposed at Provincial Parks; whereby a ban is enacted due to extremely dry conditions and it is deemed unsafe to have a cooking fire. He added that the reason why those bans are put in place is to protect public safety, commenting that dry materials can ignite and spread quickly; accordingly, someone would need to be ready to take immediate action. He added that this could be difficult to ensure as sparks from a fire at one campsite could easily spread to a campsite that is not having a fire and is unprepared to deal with that situation. He noted that information from the Ontario Fire Marshal suggests that allowing an exemption during an emergency ban could be contrary to the Fire Prevention and Protection Act. In response to questions related to response times, Mr. Turner agreed that it was not acceptable for someone to have to wait for over four hours to receive a response. He stated that response rates are predicated on the availability of resources. He noted that as per the direction given by Council last summer, staff increased enforcement of Chapter 711 during peak hours, adding that this resulted in significantly more charges being laid in 2012. Concerns were expressed with respect to the proposal that charges may not be placed if a complaint is filed anonymously. Mr. Turner advised that during an investigation into a nuisance complaint, it may become necessary to speak to the person who is being adversely impacted by the recreational fire. He noted that this would not be possible if the complaint was filed anonymously. He stated that if a recreational fire was in contravention to the setback limits specified in Chapter 711, then an officer could pursue charges without a witness statement. He added that except where it is blatantly obvious to an officer that the level of smoke is causing a nuisance, given the subjective nature of such a complaint a witness statement may be needed in order to proceed with a prosecution. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 18 - CITY OF KITCHENER CSD-13-015 - AMENDMENTS TO MUNICIPAL CODE CHAPTER 711 13. - OPEN AIR BURNING (CONT’D) On motion by Mayor C. Zehr the recommendation contained in Report CSD-13-015 was brought forward for consideration with an additional clause requesting that discussions continue to be held with Bingemans as to how they could mitigate any potential risks associated with having outdoor fires. Mayor Zehr advised that he deliberately avoided including in his amendment anything related to when a fire ban is initiated for emergency situations. He stated that those bans are imposed for very specific reasons related to the increased risk associated with having a fire and the City would be hard pressed to go against such a ban. He noted that while he recognizes the potential impact that this may have on a business such as Bingemans, those bans are enacted as an emergency measure due to extremely dry weather conditions. Councillors J. Gazzola and Z. Janecki spoke in opposition to the proposed motion, indicating a preference to effectively ban residential fires. Councillor D. Glenn-Graham advised that he was opposed to the measures proposed at the August 27, 2012 Council meeting, as he wanted to see stronger steps taken to protect the health of residents. He expressed support for the staff recommendation, which includes granting an exemption to Bingemans to permit open air burning when smog advisories are in effect. He suggested that more information was needed regarding what is a reasonable response time, but overall he is satisfied with the measures that have been proposed this date. Carried The following motion was then voted on and on a recorded vote with Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, K. Galloway-Sealock, F. Etherington, P. Singh and S. Davey voting in favour; and Councillors Y. Fernandes, Z. Janecki and J. Gazzola voting in opposition. Councillor B. Vrbanovic was not in attendance at this meeting. On motion by Mayor C. Zehr - it was resolved: “That a by-law be enacted to repeal and replace Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code to limit the permitted hours to conduct recreational fires in a fire pit or fireplace to between 6:00 PM and 11:00 PM, to provide for a process to ban open air burning on a property found to be a chronic problem and provide for housekeeping changes as outlined in Community Services Department report CSD-13- 015; and, That a Council Policy statement be adopted to help guide the administrative and enforcement process relating to Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code, as outlined in Report CSD-13-015; and further, That discussions continue to be held with Bingemans as to how they could mitigate any potential risks associated with having outdoor fires.” INS-13-007 - SUMMARY WATER REPORT JANUARY 1 - DECEMBER 31, 2012 14. The Committee considered Infrastructure Services Department report INS-13-007, dated February 20, 2013 recommending receipt of the 2012 City of Kitchener’s Summary Drinking Water Report. Mr. M. Ryan presented an overview of the Report, advising that it is being brought forward in accordance with the requirements of Safe Drinking Water Act. On motion by Councillor B. Ioannidis - it was resolved: “That the 2012 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg.170/03 Schedule 22 of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water report to the Township of Woolwich as required by Schedule 22 of O.Reg.170/03.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE FEBRUARY 25, 2013 - 19 - CITY OF KITCHENER ADJOURNMENT 15. On motion, the meeting adjourned at 6:00 p.m. C. Goodeve Committee Administrator