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HomeMy WebLinkAbout2013-06-17 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 1:30 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, B. Vrbanovic, F. Etherington and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance and Corporate Services M. May, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services L. MacDonald, Director of Legal Services and City Solicitor A. Pinard, Director of Planning M. Seiling, Director of Building B. Robinson, Director of Engineering Services J. Witmer, Director of Operations K. Carmichael, Interim Director of Transportation Services S. Ross, Assistant City Solicitor J. Oosterveld, Manager of Site Development and Customer Service W. Sleeth, Landscape Architect C. Goodeve, Committee Administrator CSD-13-050 - DEMOLITION CONTROL APPLICATION DC13/03/O/JM 1. - 2056 OTTAWA STREET SOUTH - REGIONAL MUNICIPALITY OF WATERLOO The Committee considered Community Services Department report CSD-13-050, dated June 3, 2013 recommending approval of Demolition Control Application DC13/03/O/JM for 2056 Ottawa Street South. On motion by Councillor B. Vrbanovic - it was resolved: “That Demolition Control Application DC13/03/O/JM requesting permission to demolish one (1) vacant single detached dwelling located at 2056 Ottawa Street South, owned by the Regional Municipality of Waterloo, be approved.” CSD-13-068 - NOISE EXEMPTION REQUEST 2. - WAY COOL TATTOOS - 650 KING STREET EAST The Committee considered Community Services Department report CSD-13-068, dated June 7, 2013 recommending approval of a noise exemption request. On motion by Councillor B. Vrbanovic - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Way Cool Tattoos for a 10th anniversary celebration at 650 King Street East, on Saturday, August 10, 2013, between the hours of 12:00 PM and 5:00 PM.” CSD-13-069 - NOISE EXEMPTION REQUEST 3. - KW SEVENTH DAY ADVENTIST CHURCH - 235 WILLIAMSBURG ROAD The Committee considered Community Services Department report CSD-13-069, dated June 7, 2013 recommending approval of a noise exemption request. On motion by Councillor B. Vrbanovic - it was resolved: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 66 - CITY OF KITCHENER CSD-13-069 - NOISE EXEMPTION REQUEST 3. - KW SEVENTH DAY ADVENTIST CHURCH - 235 WILLIAMSBURG ROAD (CONT’D) “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Waterloo Seventh Day Adventist Church, for a Community Building Day to be held on June 30, 2013, between the hours of 6:00 PM and 11:30 PM.” CSD-13-070 - NOISE EXEMPTION REQUEST 4. - WILLIAMSBURG COMMUNITY FESTIVAL The Committee considered Community Services Department report CSD-13-070, dated June 7, 2013 recommending approval of a noise exemption request. On motion by Councillor B. Vrbanovic - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to RBJ Schlegel Holdings for the Williamsburg Community Festival on September 8, 2013, from 9:00 AM to 4:00 PM.” CSD-13-071 - NOISE EXEMPTION REQUEST 5. - KW CHRISTIAN FELLOWSHIP - 1000 BLEAMS ROAD The Committee considered Community Services Department report CSD-13-071, dated June 7, 2013 recommending approval of a noise exemption request. On motion by Councillor B. Vrbanovic - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to KW Christian Fellowship at 1000 Bleams Road, for an outdoor festival to be held on August 9, 2013, between the hours of 6:00 PM and 10:00 PM.” CSD-13-072 - NOISE EXEMPTION REQUEST 6. - HIGHLAND STIRLING COMMUNITY GROUP The Committee considered Community Services Department report CSD-13-072, dated June 7, 2013 recommending approval of a noise exemption request. On motion by Councillor B. Vrbanovic - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Highland Stirling Community Group for their weekly Neighbourhood Market events at the Mill Courtland Community Centre, for each Wednesday, from June 19, 2013, to September 4, 2013, between the hours of 10:00 AM and 2:00 PM.” INS-13-051 - ON-STREET PARKING REGULATIONS 7. - PEACH BLOSSOM CRESCENT The Committee considered Infrastructure Services Department report INS-13-051, dated June 5, 2013 recommending a parking prohibition for a portion of Peach Blossom Crescent. On motion by Councillor B. Vrbanovic - it was resolved: “That the Uniform Traffic By-law be amended to prohibit on-street parking from January 1st to March 31st annually along the inside portion (odd numbered houses) of Peach Blossom Crescent from David Bergey Drive to Peach Blossom Court.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 67 - CITY OF KITCHENER INS-13-054 - ON-STREET PARKING REGULATIONS 8. - MARGARET AVENUE The Committee considered Infrastructure Services Department report INS-13-054, dated May 13, 2013 recommending a parking prohibition for portions of Margaret Avenue. On motion by Councillor B. Vrbanovic - it was resolved: “That parking be prohibited at anytime on the north side (even number side) of Margaret Avenue from Louisa Street to Adam Street; and, That parking be prohibited at anytime on the south side (odd number side) of Margaret Avenue from Guelph Street to a point 27 metres east thereof; and, That parking be prohibited at anytime on the south side (odd number) side of Margaret Avenue from Blucher Street to a point 36 metres west thereof; and further, That the Uniform Traffic Bylaw be amended accordingly.” INS-13-057 - ON-STREET PARKING REGULATIONS 9. - OTTO STREET The Committee considered Infrastructure Services Department report INS-13-057, dated May 29, 2013 recommending a parking prohibition for portions of Otto Street. On motion by Councillor B. Vrbanovic - it was resolved: “That parking be prohibited at anytime on the north side of Otto Street from Frederick Street to a point 80 metres west thereof; and, That parking be permitted for a maximum of 15 consecutive minutes on the north side of Otto Street from a point 80 metres west of Frederick Street to a point 59 metres east thereof; and, That parking be prohibited at anytime on the north side of Otto Street from a point 139 metres west of Frederick Street to a point 46 metres east thereof; and, That parking be permitted for a maximum of 15 consecutive minutes on the north side of Otto Street from a point 185 metres west of Frederick Street to a point 20 metres east thereof; and, That parking be prohibited at anytime on the north side of Otto Street from a point 205 metres west of Frederick Street to Queen Street North; and further, That the Uniform Traffic Bylaw be amended accordingly.” INS-13-055 - GLASGOW STREET TRAFFIC CALMING 10. The Committee considered the following recommendation that was deferred from the May 27, 2013 Community and Infrastructure Services Committee meeting to allow time for staff to circulate to affected area residents copies of Infrastructure Services Department report INS-13- 055 along with a map depicting the proposed re-design of that section of Glasgow Street: “That bicycle lanes be installed on Glasgow Street between Westmount Road and Knell Drive, as outlined in Infrastructure Services Department report INS-13-055; and further, That the Uniform Traffic Control By-law be amended accordingly.” Mr. David Kresky addressed the Committee regarding the proposed traffic calming measures, advising that he undertook a survey of residents along Glasgow Street, which showed that COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 68 - CITY OF KITCHENER INS-13-055 - GLASGOW STREET TRAFFIC CALMING (CONT’D) 10. 63% of respondents supported the installation of bicycle lanes. He added that the majority reluctantly accept that the installation of bicycle lanes will result in the loss of on-street parking. He pointed out that the high levels of traffic on Glasgow Street is from commuters, adding that outside of the morning and afternoon rush hours there is very little traffic on that roadway. He proposed a compromise that parking be permitted within the bicycle lanes every evening from 7:00 p.m. to midnight. He indicated that currently, on-street parking occurs very infrequently and the proposed compromise would enable residents to utilize this option on the rare occasions when they require additional parking. In response to questions, Mr. Kresky indicated that he distributed his survey to 41 households on Glasgow Street and received 26 responses. He stated that everyone he spoke with appeared to understand what had been proposed at the May 27th Committee meeting. He speculated that those people probably did not submit comments at that time, as they did not object to the staff recommendation. He acknowledged that cyclists would have to maneuver around those vehicles that would occasionally be parked in the bicycle lanes. He suggested that such instances would be infrequent, commenting that in his estimation the majority of cyclists who use Glasgow Street form part of the commuter traffic. Mr. Dana McRae addressed the Committee with respect to the traffic calming measures proposed for Glasgow Street and spoke in support of the comments made by Mr. Kresky. In response to questions, Mr. K. Carmichael advised that staff are not supportive of the proposed compromise to allow parking in a bicycle lane. He indicated that bicycle lanes are typically 1.5 meters wide, which would not be enough space to accommodate the average car; accordingly, a portion of the vehicle would block the through lane. He expressed concern with respect to the safety of cyclists who would have to go around those parked cars, noting that the proposal is contrary to the reasoning behind having separate lanes for bicycles. He added that the proposal would also establish a precedent, which others may seek to apply across the City. He acknowledged that the ultimate solution would be to install separate parking bays between the bicycle lanes and the sidewalk. He pointed out that this option was put forward to area residents as part of the consultation conducted on the traffic calming measures and it did not receive a favourable response. Councillors J. Gazzola and Z. Janecki spoke in support of the proposal put forward by Mr. Kresky, noting that the parking spaces would only be utilized during times when there is very little traffic on Glasgow Street. On motion, Councillor Z. Janecki brought forward the motion that was deferred from the May 27th Committee meeting with an additional clause directing staff to proceed with the installation of parking spaces on the south side of Glasgow Street between the bicycle lanes and the sidewalk. Mayor C. Zehr advised that while he is supportive of the tenets behind Councillor Janecki’s motion, in his opinion, it would be more prudent to only give direction to staff to investigate and report back on what would constitute an appropriate number as well as possible locations for the proposed parking spaces. Councillor Janecki clarified that the intent of his additional clause was to immediately move forward with the installation of the proposed parking spaces. He suggested that as part of that process, staff could identify several appropriate locations along the south side of Glasgow Street that could be utilized for the parking spaces. Mayor Zehr requested that Councillor Janecki’s motion be voted on in two separate parts. Councillor Janecki’s direction to staff to proceed with the installation of parking spaces on LOST Glasgow Street was voted on and was on a recorded vote, with Councillors D. Glenn- Graham, J. Gazzola, Y. Fernandes and Z. Janecki voting in favour; and, Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Ioannidis, B. Vrbanovic and F. Etherington voting in opposition. Councillors S. Davey and P. Singh were absent for this part of the meeting. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 69 - CITY OF KITCHENER INS-13-055 - GLASGOW STREET TRAFFIC CALMING (CONT’D) 10. On motion by Councillor Z. Janecki - it was resolved: “That bicycle lanes be installed on Glasgow Street between Westmount Road and Knell Drive, as outlined in Infrastructure Services Department report INS-13-055; and further, That the Uniform Traffic Control By-law be amended accordingly.” A motion was brought forward by Mayor C. Zehr to direct staff to dialogue with residents, and investigate possible locations where lay-by parking spaces might be installed on Glasgow Street. On motion by Mayor C. Zehr - it was resolved: “That staff be directed to continue to dialogue with area residents and investigate possible locations where lay-by parking spaces might be installed on Glasgow Street.” INS-13-059 - PROPOSAL TO INSTALL SANITARY SEWER ON MAPLE HILL DRIVE 11. Councillor S. Davey and P. Singh re-entered the meeting at this time The Committee considered Infrastructure Services Department report INS-13-059, dated June 12, 2013 recommending an agreement with Nick Georghiades with respect to the financing of a sanitary sewer on Maple Hill Drive. In addition, the Committee was in receipt of correspondence from the owners of 27 Maple Hill Drive as well as 19 Maple Hill Drive, which convey their objections to the proposed installation of a sanitary sewer on their street. Ms. B. Robinson advised that Mr. Georghiades is proposing to build a large single family dwelling on Maple Hill Drive. She added that to build the house, the proponent wishes to construct the sanitary sewer as the layout of the lot makes the construction of a septic system and tile bed problematic. Accordingly, he has offered to pay for the sewer and laterals to the property line, on the expectation that any property owner that connects to the sewer within 20 years would pay a pro-rated share of the cost of the sewer. She further advised that based on a Class C estimate, which has a contingency factor of 40% to 60%, the probable cost to construct the sanitary sewer would be approximately $300,000. She added that if at any time over the next 20 years the 18 benefitting properties need to connect to the sewer, it would cost approximately $17,000. per property owner. She indicated that Engineering staff has agreed that there is a public benefit to the City in removing the private septic systems, which includes the potential impact of aging septic systems on the aquifer. She stated that portions of the street appear to be within a Region of Waterloo Source Water Protection Area as there are water supply duty wells on the Westmount Golf Course near Maple Hill Drive. Accordingly, the installation of a sanitary sewer in this location would subsequently reduce the potential for contamination. Mr. Peter Fitton circulated copies of a presentation to the Committee, which outlines his objections to the proposed installation of a sanitary sewer on Maple Hill Drive as well as a petition signed by 32 residents of Maple Hill Drive who are also in opposition to the proposed sanitary sewer. He stated that the staff report presents no evidence that the existing septic systems impose a threat to the water supply. He expressed concerns that complications during the installation of the sewer could cause the projected costs to exceed the estimated $300,000. He added that the $17,000. per household costs does not take into account the additional expenditure for each property owner to connect to the sewer from the property line to their house; as well as the costs associated with decommissioning the existing septic systems. He commented that such work would also have adverse environmental impacts resulting in the removal of large trees and landscaping. He estimated that for residents with rear-yard septic systems the cost to connect to the sanitary sewer could be over $100,000. He questioned whether the City would be willing to provide some sort of financial relief to area residents. Additionally, he questioned the haste with which this is moving forward, suggesting that some level of due process needs to be undertaken to address the concerns of residents. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 70 - CITY OF KITCHENER INS-13-059 - PROPOSAL TO INSTALL SANITARY SEWER ON MAPLE HILL DRIVE 11. (CONT’D) He proposed that the Committee should either deny the request to construct the proposed sewer, or defer its decision until the technical, environmental and financial impacts are fully assessed. In response to questions, Mr. Fitton confirmed that soon after purchasing the property on Maple Hill Drive, Mr. Georghiades approached the residents about this matter; the majority of whom are in opposition to his proposal. He commented that the letter he received from the City’s Engineering staff dated May 31, 2013, was the first time he was informed that this matter would be considered this date. He noted that three weeks from notice to decision is not an adequate amount of time for property owners to prepare for an issue of this magnitude. Mr. Atso Saarkoppel spoke in opposition to the proposed financing of a sanitary sewer on Maple Hill Drive. He noted support for the comments made by Mr. Fitton, stating that a preliminary estimate showed that it could cost $500/per foot for the connection from the property line to his house. He added that most of the properties on Maple Hill Drive are 50 feet across and accordingly it would cost approximately $50,000. just for the connection. He pointed out that this does not include the estimated $17,000. that would need to be paid to the proponent. He expressed concerns that as the proponent owns a development company, he may pursue a zone change to allow for a multi-residential development once the sanitary sewer has been installed. He circulated two photographs of the proponent’s property on Maple Hill Drive taken approximately two weeks ago. He pointed out that the proponent has already undertaken significant re-grading of the property even though he has yet to obtain a building permit. Ms. Stephanie Rienders addressed the Committee on behalf of her mother Sabrina Rienders, and spoke in opposition to the proposed financing of a sanitary sewer on Maple Hill Drive. She advised that there is a formal process that is typically followed for this type of work, whereby the support of two-thirds of the affected residents must be obtained prior to moving forward. She stated that the proponent was unable to receive the required level of support and is now trying to circumvent the established process through the proposed front-end financing agreement. She suggested that the proposed estimate of $300,000. does not accurately depict the costs associated with the installation of the sanitary sewer. She added that this proposal would lead to significant costs being borne by area residents, noting that some may not be able to afford this unforeseen expenditure. She commented that the majority of residents on Maple Hill Drive oppose the sanitary sewer and requested that the Committee reject the financing agreement. In response to questions, Ms. Rienders advised that her parents constructed their house on Maple Hill Drive approximately four years ago and at that time they were permitted to install a septic system. She commented that since that time they have had to undertake two minor repairs to the septic tank. She noted that it would be unfair to require residents to have to expend approximately $100,000. to connect to a sewer when it may only cost $100-$200. to repair their existing septic system. Mr. Bill Zimmerman appeared before the Committee in opposition to the financing of a sanitary sewer on Maple Hill Drive. He echoed the comments made by the other residents on Maple Hill Drive, expressing concern that the costs to install the sanitary sewer could far exceed the estimated $300,000; thereby resulting in additional costs that would need to be borne by the other residents on the street. He estimated that as his septic tank is located in his front yard, it would cost him an additional $10,000. to connect to the sanitary sewer. Mr. Craig Robson, Robson Carpenter LLP, advised that he is the solicitor for the proponent, who in light of the concerns expressed with respect to costs, has agreed to set an upset limit of $20,000. regardless of the actual costs associated with constructing the sanitary sewer. He clarified that residents would not be required to connect immediately; rather, they would only be obligated to connect to the sewer if they have to replace or undertake major repairs to their existing septic systems. He stated that residents would not be obliged to connect to the sewer in instances where only minor repairs are required to be performed on their existing septic COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 71 - CITY OF KITCHENER INS-13-059 - PROPOSAL TO INSTALL SANITARY SEWER ON MAPLE HILL DRIVE 11. (CONT’D) systems; such as, the ones described by Ms. Rienders. He commented that his client would be willing to have his engineering consultants meet with the residents of Maple Hill Drive to further discuss this proposal. Mr. Robson responded to questions, advising that there is no basis for the speculation that the proponent might construct a multi-residential building, adding that as far as he knows, Mr. Georghiades intends to construct a single family dwelling. He commented that he could foresee no reason why his client would not give some sort of assurance in writing to that effect. He added that the costs for the sanitary sewer and laterals are to be divided among all potentially benefitting properties. He confirmed that to remove the uncertainty expressed by residents, his client is willing to establish an upset limit of $20,000. per benefitting property. He stated that costs to connect to the system on private property from property line to the house are the responsibility of each individual homeowner. In response to questions, Mr. M. Seiling advised that the proponent does not need a building permit to pre-grade his property. He added that a building permit has been submitted for the subject property and is currently being reviewed by City staff. He confirmed that the size and configuration of the proposed development would seem to preclude the use of a septic system. Ms. Robinson added that the proponent may have been prohibited from installing a septic system as the proposed single family dwelling would be built within a Regional Ground Water Protection Zone. She noted that this is a relatively new concept put forward by the Region and further investigation would be needed to confirm this assumption. She added that the Class C cost estimate was based on information she received from the proponent’s engineering consultant. She noted that without soil and elevation surveys a Class C estimate is appropriate in this instance. She confirmed that residents would only have to pay if they need to connect to the sewer within 20 years, adding that from year 21 on there would be no obligation to pay the proponent for the costs of the installing the sewer. Mayor C. Zehr spoke to the numerous questions that members appear to have on this matter, adding that it is unlikely that all of those questions could be answered this date. He noted that additional consultation between the proponent and City staff as well as area residents should take place before a final decision is made with respect to the proposed sanitary sewer. A motion was brought forward by Mayor Zehr to defer consideration of this matter to the August 12, 2013 Community & Infrastructure Services Committee meeting, with an additional clause stipulating that Members of Council should submit all questions they may have regarding the proposed sanitary sewer to staff prior to June 30, 2013. Carried The following motion was voted on and was on a recorded vote, with Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Ioannidis, B. Vrbanovic, D. Glenn-Graham Y. Fernandes, Z. Janecki and F. Etherington voting in favour; and, Councillors J. Gazzola and S. Davey voting in opposition. Councillor P. Singh was not in attendance at this time. On motion by Mayor C. Zehr - it was resolved: “That consideration of the recommendation contained in Infrastructure Services Department report INS-13-059 with respect to the financing of a sanitary sewer on be deferred to the August 12, 2013 Community & Infrastructure Maple Hill Drive, Services Committee meeting to allow time for the applicant to consult with City staff, the Ward Councillor, area residents as well as any other relevant regulatory body for this project; and further, That Members of Council be requested to submit all questions they may have regarding the proposed Maple Hill Drive sanitary sewer to staff prior to June 30, 2013, with the responses to those questions to form part of a staff report that will be brought forward for consideration at the August 12, 2013 Committee meeting.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 72 - CITY OF KITCHENER INS-13-026 - TRANSPORTATION MASTER PLAN 12. The Committee considered Infrastructure Services Department report INS-13-026, dated June 6, 2013 recommending approval of the Transportation Master Plan (TMP) prepared by IBI Group. Mr. Don Drackley, IBI Group presented an overview of the Master Plan, advising that the purpose of the TMP is to define and prioritize an integrated transportation system that is supportive of all modes of travel. In addition, it provides options for improved walking, cycling and transit use, while maintaining and improving the efficiency of trips related to the movement of people and goods; thereby reducing dependency on single occupant vehicle trips. He stated that this reduction in single occupant vehicle trips will be accomplished in conjunction with Region of Waterloo initiatives that support intensification efforts in a sustainable manner. He indicated that the TMP will provide policy and direction for future transportation projects and planned growth. He added that it is directly linked to the City’s new Official Plan. Mr. Drackley then highlighted that through the implementation of the transit-oriented strategic road improvements proposed in the TMP to be undertaken by 2031: the number of deficient City intersections should not increase beyond the current 11 intersections; the number of congested lanes per kilometer of road during the morning peak period would only grow by 20%; and, the amount of congested lanes per kilometer of road during the afternoon peak would only increase by 30%. He pointed out that if the City decided not to undertake the proposed measures, it is estimated that the number of deficient City intersections would increase to 21 by the year 2013. He added that it is also projected that the number of congested lanes per kilometer of road during the morning peak period would increase by 55%; and, the afternoon congestion would increase by 77%. He then reviewed a number of the transportation capacity enhancements proposed for specific locations across the City, as outlined in the TMP. In response to questions, Mr. Drackley advised that the financial requirements identified in the TMP are based on the existing approved capital budget and future projects identified in the TMP. He estimated that the implementation of the TMP would cost approximately $5.5 M per year from 2013 to 2017. He stated that this cost is projected to decrease to $4.25 M per year from 2018 to 2022; and then further decrease to $2.7 M per year to 2031. He suggested that this decrease is resultant to the number of projects that are proposed to be undertaken. He confirmed that it is recommended that the TMP should be reviewed annually and it should be updated every five years. ‘and perhaps form a Councillor K. Galloway-Sealock expressed concern regarding the phrase new Country Side Line depending on its location’ contained in the last sentence of the ‘Southwest Kitchener Urban Area Study’ paragraph starting with on page 44 of the TMP. She suggested that this phrase should be deleted from the document as it could be misconstrued in the future. On motion by Councillor B. Ioannidis the recommendation contain in Report INS-13-026 was ‘and brought forward for consideration with an additional provision to remove the phrase perhaps form a new Country Side Line depending on its location’ , as suggested by Councillor Galloway-Sealock. Carried Unanimously The following motion was on a recorded vote. On motion by Councillor B. Ioannidis - it was resolved: “That the Transportation Master Plan prepared by IBI Group, dated May 2013, be ‘and perhaps form a new Country Side Line approved save and except to the phrase depending on its location’ contained in the last sentence of the paragraph starting with ‘Southwest Kitchener Urban Area Study’ on page 44 of the Transportation Master Plan, be deleted; and further, That the Transportation Master Plan be updated through a review every five (5) years during the twenty (20) year life span of the plan, to be conducted in association with the mandatory five (5) year Official Plan review.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 73 - CITY OF KITCHENER CSD-13-053 - AMENDMENT TO ELECTION SIGN REGULATIONS 13. - CHAPTER 680 OF THE MUNICIPAL CODE The Committee considered Community Services Department report CSD-13-053, dated May 31, 2013 recommending changes to the regulations governing the size of election signs. In addition, the Committee was in receipt of Community Services Department report CSD-13- 073, dated June 12, 2013 proposing the adoption of an amended by-law to replace the one appended to Report CSD-13-053. Ms. J. Oosterveld reviewed the report, advising that the proposed changes were intended to bring the City’s regulations for election signs into conformity with those set out by the Region of Waterloo. She stated that the proposed changes would increase the width of election signs. She noted that as the sign height would remain the same, there should be no issues with candidates using the same signs produced for previous elections. On motion by Mayor C. Zehr - it was resolved: “That the proposed by-law, dated June 12, 2013 attached to Community Services Department report CSD-13-073 as Appendix ‘A’, to amend the height and width regulations for election signs in Chapter 680 of the Municipal Code (Sign By-law), be adopted.” CSD-13-065 - REQUEST FOR EXEMPTION TO COUNCIL POLICY I-995 14. - COMMERCIAL PARKING LOTS AND INTERIM COMMERCIAL PARKING LOTS - 122 WEBER STREET WEST - REGIONAL MUNICIPALITY OF WATERLOO The Committee considered Community Services Department report CSD-13-065, dated June 3, 2013 recommending exemptions to Council Policy I-995 (Commercial Parking Lots & Interim Commercial Parking Lots) in order to accommodate a temporary GO Transit bus platform and associated parking at 122 Weber Street West. 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 J. Gazzola - it was resolved: “That exemptions to Council Policy I-995 - Commercial Parking Lots and Interim Commercial Parking Lots be approved with respect to 122 Weber Street West as follows: To allow an interim parking lot design on the subject property whereas the policy limits interim designs only within the Downtown Zones; and, To allow such interim design for a maximum of five years whereas the policy provides a maximum duration of three years; and further, To waive the requirement for a full, permanent design whereas the policy requires this submission to be part of the site plan approval.” INS-13-058 - MULTI-USE PATHWAYS ROAD CROSSINGS ACCESS CONTROL 15. MEASURES The Committee considered Infrastructure Services Department report INS-13-058, dated June 3, 2013 recommending proposed interim measures to the access control infrastructure (gates and bollards) for multi-use pathways. In addition, the Committee was in receipt this date of correspondence from Mr. Terry Boutilier, containing a recommendation on this matter from a Sub-Committee of the Cycling Advisory Committee. The Committee was in further receipt of COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 74 - CITY OF KITCHENER INS-13-058 - MULTI-USE PATHWAYS ROAD CROSSINGS ACCESS CONTROL 15. MEASURES (CONT’D) correspondence from Mr. Mike Boos, Tri-Cities Transport Action Group (TriTAG), expressing support for replacing the existing gates with flexible removable bollards as well as the recommendation put forward by the Cycling Advisory Committee Sub-Committee. Mr. Duncan Class gave a presentation noting examples of various trail connections located throughout the City. He commented that a number of the locations that he depicted do not contain a proper trail gate and/or access control measure. He pointed out that most municipalities employ removable bollards, rather than gates; and, suggested that Kitchener should also make the switch to bollards. In response to questions, Mr. Class indicated that the use of bollards and brightly painted dividing lines would help to mitigate congestions at trail heads. He indicated that he has witnessed where such measures have been used in other municipalities that both pedestrians and cyclist seem to naturally keep to the right side of the trail. Mr. Terry Boutilier addressed the Committee and reviewed his circulated correspondence. He advised that members of the Cycling Advisory Committee only became aware of Report INS- 13-058 after the Committee’s June meeting; accordingly, the Cycling Advisory Committee did not have an opportunity to take a position on this matter. He stated that the Committee Chair requested that the three members of the Cycling Advisory Committee’s Technical and Infrastructure Sub-Committee review the staff report and put forward a recommendation at this meeting. He indicated that the Sub-Committee is requesting that the staff recommendation be rejected in favour of opening the gates/barriers on the City’s trails to provide a minimum width of 1.5 metres in accordance with what is outlined in the City's Cycling Master Plan; and, that additional ‘Road Crossing’ warning signage be installed. He suggested that this could be undertaken at a selected number of locations and monitored during the summer of 2013; and if satisfactory, the proposal could be fully implemented in the fall of 2013. Mr. Boutilier advised that the Sub-Committee is also recommending that the Cycling Advisory Committee be authorized to seek advertising sponsorship to cover the costs associated with the additional ‘Road Crossing’ warning signs. He added that the Ontario Ministry of Transportation (MTO) recently released Ontario Traffic Manual Book 18: Bicycle Facilities, which outlines design guidelines for midblock crossings along with on road bicycle facilities. He noted that Book 18 states that off-set gates and swing gates are not recommended as access control measures for trail road crossings. In response to questions, Mr. Boutilier advised that he was not aware that the City was currently in the process of developing a comprehensive sponsorship strategy. He indicated that the members of the Cycling Advisory Committee’s Technical and Infrastructure Sub- Committee would be willing to work with staff on this proposal. He commented that at present, the trail gates are opened annually from November to March. He acknowledged the gates are effective at making cyclist slow down when approaching a road crossing and suggested that warning signs could also serve this same purpose. Questions were raised regarding the recommendations put forward by the Cycling Advisory Committee’s Technical and Infrastructure Sub-Committee. Mr. W. Sleeth advised that as the trail gates provide an element of safety to control the speed of cyclists before entering the road right-of-way, staff are recommending that they not be opened or removed before other safety measures are in place. Mr. K. Carmichael added that Operations and Transportation Services staff are proposing to undertake a review of the MTO’s Book 18 and complete an update of standards for multi-use pathway midblock crossings of roads prior to December 31, 2013. Mr. J. Witmer suggested that this matter should be examined within the context of the most effective means of utilizing the City’s limited financial resources. He commented that by allowing staff to examine this issue over the next six months would ensure that safety measures continue to be in place without unnecessarily expending funds on measures that may not prove to be the most effective means of addressing the access control measures that should be employed at road crossings. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2013 - 75 - CITY OF KITCHENER INS-13-058 - MULTI-USE PATHWAYS ROAD CROSSINGS ACCESS CONTROL 15. MEASURES (CONT’D) Councillor B. Vrbanovic questioned whether legal advice should be sought on this matter to identify the potential liability associated with opening the gates. Mr. D. Chapman advised that the City Solicitor has indicated that she could have information prepared on this matter for the June 24, 2013 Caucus meeting; which is being held just prior to the Council meeting scheduled for that date. A motion was brought forward by Councillor Vrbanovic to defer consideration of this matter to the June 24, 2013 Council meeting to allow time to receive advice from the City Solicitor with respect to potential liability. Carried The following motion was voted on and was on a recorded vote, with Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Ioannidis, B. Vrbanovic, S. Davey, P. Singh and F. Etherington voting in favour; and, Councillors D. Glenn-Graham, J. Gazzola, Y. Fernandes and Z. Janecki voting in opposition. On motion by Councillor B. Vrbanovic - it was resolved: “That consideration of the recommendation contained in Infrastructure Services Department report INS-13-058 regarding proposed access control measures for multi- use pathways as well as the recommendation put forward by the Sub-Committee of the be deferred to the Cycling Advisory Committee as presented by Mr. Terry Boutilier, June 24, 2013 Council meeting to allow time to receive advice from the City Solicitor with respect to potential liability.” ADJOURNMENT 16. On motion, the meeting adjourned at 6:02 p.m. C. Goodeve Committee Administrator