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COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 CITY OF KITCHENER
The Community and Infrastructure Services Committee met this date, commencing at 9:35 a.m.
Present: Councillor K. Galloway-Sealock - Chair
Mayor B. Vrbanovic, Councillors S. Davey, F. Etherington, Y. Fernandes, B. Ioannidis,
J. Gazzola, S. Marsh, D. Schnider and P. Singh.
Staff: J. Willmer, Chief Administrative Officer
D. Chapman, Deputy CAO, Finance and Corporate Services
M. May, Deputy CAO, Community Services
J. Readman, Interim Executive Director, Infrastructure Services
C. Fletcher, Interim Executive Director, Infrastructure Services
G. MacNeil, Director, By-Law Enforcement
H. Gross, Director, Engineering
K. Carmichael, Interim Director, Transportation Services
N. Gollan, Manager, Stormwater Utility
D. Saunderson, Committee Administrator
Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by
Carried.
Councillor J. Gazzola to discuss Consent items 6 & 7, which was voted on and was
CSD-16-036 - NOISE EXEMPTION - SCHOOL OF ROCK
1.
The Committee considered Community Services Department report CSD-16-036, dated May
10, 2016 recommending approval of a noise exemption for the School of Rock, located at 78
Francis Street North, for ten outdoor performances taking place on various dates from June
through September 2016.
On motion by Councillor B. Ioannidis -
it was resolved:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to The School of Rock at 78 Francis Street North for ten outdoor performances
taking place on June 21, 2016 from 6:30 p.m. to 9:00 p.m., July 15, 22, 29, 2016 and
August 19, 2016 from 2:30 p.m. to 4:00 p.m., August 4, 2016 and September 14, 15, 21
and 22, 2016 from 6:30 p.m. to 8:30 p.m., as outlined in Community Services
Department report CSD-16-036.
CSD-16-027 - NOISE EXEMPTION - 134 SHANTZ LANE
2.
The Committee considered Community Services Department report CSD-16-027, dated May 10,
2016 recommending approval of a noise exemption for Lisa Miller for an outdoor wedding,
located at 134 Shantz Lane, between the hours of 7:00 p.m. and 11:00 p.m. on August 6,
2016.
On motion by Councillor B. Ioannidis -
it was resolved:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to Lisa Miller for an outdoor wedding at 134 Shantz Lane between the hours of
7:00 p.m. and 11:00 p.m. on August 6, 2016, as outlined in Community Services
Department report CSD-16-027.
CSD-16-041 - NOISE EXEMPTION - HOLY TRINITY SERBIAN CHURCH
3.
The Committee considered Community Services Department report CSD-16-041, dated May 12,
2016 recommending approval of a noise exemption for the Holy Trinity Serbian Orthodox Church,
located at 700 Fischer Hallman Road, for festivals to be held on July 30 and July 31, 2016, and
August 28, 2016, between the hours of 11:00 a.m. and 11:00 p.m.
On motion by Councillor B. Ioannidis -
it was resolved:
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 - 21 - CITY OF KITCHENER
CSD-16-041 - NOISE EXEMPTION - HOLY TRINITY SERBIAN CHURCH
3.
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for
two (2) festivals to be held on July 30 and July 31, 2016, between the hours of 11:00
a.m. and 11:00 p.m. and August 28, 2016, between the hours of 11:00 a.m. and 11:00
p.m., as outlined in Community Services Department report CSD-16-041.
CSD-16-037 - NOISE EXEMPTION - 50 KNOX COURT
4.
The Committee considered Community Services Department report CSD-16-037, dated May
10, 2016 recommending approval of a noise exemption for Ken Roland and Rebecca Smith,
for an outdoor wedding, located at 50 Knox Court, between the hours of 2:00 p.m. and 11:00
p.m. on June 4, 2016.
Councillor K. Galloway-Sealock stated that an emergency Special Council meeting would need
to be called later this date to consider the recommendation arising from this matter. She noted
the requested date for the noise exemption is prior to the next scheduled Council meeting on
June 6, 2016.
On motion by Councillor B. Ioannidis -
it was resolved:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to Ken Roland and Rebecca Smith for an outdoor wedding at 50 Knox Court
between the hours of 2:00 p.m. and 11:00 p.m. on June 4, 2016, as outlined in
Community Services Department report CSD-16-037.
INS-16-048 - NOISE EXEMPTION - STRASBURG ROAD CONCRETE BOX CULVERT
5.
CONSTRUCTION- REGION OF WATERLOO
The Committee considered Infrastructure Services Department report INS-16-048, dated May
17, 2016 recommending approval of a noise exemption for the Region of Waterloo and its
contractor(s), for construction work during the Strasburg Creek Concrete Box Culvert
Construction project between the hours of 7:00 p.m. and 7:00 a.m. for the period of June 13 to
September 30, 2016.
On motion by Councillor B. Ioannidis -
it was resolved:
That the Region of Waterloo and its contractor(s) be exempt from the provisions of
Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work
during the Strasburg Creek Concrete Box Culvert Construction project, in the City of
Kitchener, between the hours of 7:00 p.m. and 7:00 a.m. for the period June 13 to
September 30, 2016, as outlined in Infrastructure Services Department report INS-16-
048.
Councillor S. Davey entered the meeting at this time.
INS-16-049 - NOISE EXEMPTION - EXTENTION - HIGHWAYS 401 & 8
6.
- MINISTRY OF TRANSPORTATION ONTARIO (MTO)
The Committee considered Infrastructure Services Department report INS-16-049, dated May 16,
2016 recommending a noise exemption for the Ministry of Transportation (MTO) and its
contractor(s), for the widening of Highways 401 and 8, be extended until July 31, 2019. Mr. K.
Carmichael was in attendance and responded to questions from the Committee.
Councillor J. Gazzola brought forward an amendment to the recommendation outlined in Report
INS-16-049 to reduce approval of the noise exemption to 1 year rather than the proposed 3
years.
Mr. K. Carmichael advised that staff have corresponded with the MTO regarding the noise
exemption request and can confirm that all of the construction work related to the project within
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 - 22 - CITY OF KITCHENER
INS-16-049 - NOISE EXEMPTION - EXTENTION - HIGHWAYS 401 & 8
6.
- MINISTRY OF TRANSPORTATION ONTARIO
the City of Kitchener is complete; the exemption is strictly for the purposes of traffic control and
noise should be minimal. He further advised that staff have no concerns with the proposed
amendment, adding that a 1 year approval would require staff to request further noise exemptions
for the project in 2017 and 2018. In response to further questions, Ms. MacNeil advised that she
was not aware of any noise complaints related to the project to date.
Questions were raised regarding the possibility of revoking a noise exemption. In response, Mr.
Carmichael advised that Council did have the authority to revoke a noise exemption if deemed
necessary.
Councillor Y. Fernandes brought forward a further amendment to provide a noise exemption for 2
years rather than the proposed 1 and 3 year options, noting 2018 was the end of this term of
Council.
Councillor Gazzola withdrew his amendment to reduce the noise exemption to 1 year.
Carried.
Carried.
The following motion was then voted on and was
On motion by Councillor Y. Fernandes -
it was resolved:
That the previously approved noise exemption, through Infrastructure Services
Department report INS-14-098, exempting the Ministry of Transportation, Ontario (MTO)
and its contractor(s) from the provisions of Chapter 450 of the Municipal Code Article 6
Construction Work for the widening of Highways 401 and 8 (MTO Contract Number
2014-3014), be extended until July 31, 2018, between the hours of 7:00 p.m. and 7:00
a.m. for the period April 1, 2016 to July 31, 2018, outlined in Infrastructure Services
Department report INS-16-049.
INS-16-050 - 40KM/H SPEED LIMIT - LANCASTER STREET EAST
7.
The Committee considered Infrastructure Services Department report INS-16-050, dated May 16,
2016 recommending a speed limit of 40km/h be implemented on Lancaster Street East from
Victoria Street North to Krug Street. Mr. K. Carmichael was in attendance and responded to
questions from the Committee.
Mr. M. Purvis, Ms. L. McBride and Ms. K. Dudek, Central Frederick Neighbourhood Association /
Lancaster Street Neighbourhood, addressed the Committee in support of the recommendation
outlined in Report INS-16-050. Mr. Purvis advised that the neighbourhood is appreciative of the
work staff have completed to date related to traffic calming on Lancaster Street. He stated even
with the proposed speed reduction, residents of the neighbourhood still have concerns with
pedestrian and cyclist safety. Ms. McBride requested that staff consider implementing a number
of other possible traffic calming measures and suggested the following as options: low lying
planter boxes along the roadway, the possibility of pedestrian crossing lights at Chapel Street and
Mansion Street, and a painted mural intersection. She further advised that the Neighbourhood
Association would assist financially and with implementation where possible.
Councillor P. Singh entered the meeting at this time.
Ms. A. Monograin, Bethany Church, addressed the Committee in support of the
recommendation to reduce the speed on Lancaster Street to 40 km/h. She circulated a letter
this date on behalf of Mr. B. Martin, Chair of the Ministry Counsel, Bethany Church, in support
the of the presentation provided by the Central Frederick Neighbourhood Association /
Lancaster Street Neighbourhood requesting the installation of additional traffic calming
measures on Lancaster Street.
Ms. J. Davis addressed the Committee in support of the staff recommendation and improving
the safety of pedestrians in the neighbourhood, noting the challenges of crossing the street
without the presence of a crossing guard.
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 - 23 - CITY OF KITCHENER
INS-16-050 - 40KM/H SPEED LIMIT - LANCASTER STREET EAST
7.
A motion was brought forward by Councillor S. March to approve the recommendation as
outlined in Report INS-16-050 with an amendment to direct staff to work with the Lancaster
Street residents on the following initiatives: confirming the feasibility of the placement of planter
boxes on the boulevard on Lancaster Street between Victoria Street and Krug Street, and
provide guidance and support as needed for the installation of the planter boxes; finalizing a
design and reapply the existing crosswalk at Lancaster Street and Chapel Street, and install it
by September 2016; identifying Lancaster Street as a priority roadway for implementation of
pedestrian activated crossovers at both Chapel Street and Mansion Street; and, arranging for
residents of the Lancaster Street neighbourhood to present the information at the Cycling and
Trails Advisory Committee regarding their recommendations for making it safer for cyclists and
vehicles to share the road.
Questions were raised regarding staffs opinion on the proposed pedestrian-activated
crossovers. In response, Mr. Carmichael advised that new legislation has been put in place to
improve pedestrian crossovers. He indicated staff are currently reviewing crossovers located
by roundabouts and anticipate reviewing mid-block crossovers in 2017.
In response to questions, Mr. Carmichael advised all roadway signs are legislated under the
Ontario Highway Traffic Act and municipalities are not permitted to install signs outside of the
approved manual. He indicated further signage will be provided along the route advising
motorist of the speed limit reduction.
Questions were raise regarding the follow-up report on community-initiated traffic calming
measures. Mr. Carmichael advised that staff anticipate bringing forward the report, which has
been titled Small Scale Traffic Calming Measures in fall 2016. He noted the proposed motion
would not compromise the work being undertaken as part of that direction.
Mayor B. Vrbanovic noted from the comments received by staff whether Initiative #3 related to
pedestrian activated crossovers should be amended to include the deadline of June 2017 and
substitute identify with consider.
Councillor S. Marsh agreed to the suggested amendment to Initiative #3 of the
recommendation related to pedestrian-activated crossovers.
In response to questions, Councillor S. March noted Initiative #2, regarding reapplying the
existing crosswalk, does not refer to the residents requested intersection mural painting, the
intent is to upgrade the existing crosswalk. She noted she had spoken with staff, the one-year
pilot project on Ahrens Street is anticipated to be presented to Committee in fall 2016, adding
she would like to hear the outcome of that pilot program prior to including that action as part of
the recommendation this date.
Mr. Carmichael advised that staff anticipate working with the Central Frederick Neighbourhood
Association / Lancaster Street neighbourhood on a possible intersection mural design prior to
reporting back on the Ahrens Street pilot program.
In response to questions regarding Community Matching Grant funding, Mr. M. May advised
the Neighbourhood Associations proposed traffic calming measures would be a good
candidate to receive funding through that program.
Carried Unanimously
The following motion was then voted on and was on a recorded vote.
Councillor Z. Janecki was absent and accordingly did not vote.
On motion by Councillor S. Marsh -
it was resolved:
That the Uniform Traffic By-law be amended to implement a speed limit of 40km/h on
Lancaster Street East from Victoria Street North to Krug Street, as outlined in
Infrastructure Services Department report INS-16-050; and further,
That staff be directed to work with the residents in the Lancaster Street neighbourhood
to increase the level of safety for pedestrians and cyclists on Lancaster Street with the
following actions:
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 - 24 - CITY OF KITCHENER
INS-16-050 - 40KM/H SPEED LIMIT - LANCASTER STREET EAST
7.
1. Confirm the feasibility of the placement of planter boxes on the boulevard on
Lancaster Street between Victoria Street and Krug Street, and provide guidance
and support as needed for the installation of the planter boxes;
2. Finalize a design and reapply the existing crosswalk at Lancaster Street and
Chapel Street, and install it by September 2016;
3. Consider Lancaster Street as a priority roadway for implementation of pedestrian
activated crossovers at both Chapel Street and Mansion Street by June 2017;
and,
Arrange for residents of the Lancaster Street neighbourhood to present at the Cycling
and Trails Advisory Committee regarding their recommendations for making it safer for
cyclists and vehicles to share the road.
INS-16-047 - STORMWATER MANAGEMENT MASTER PLAN FINAL REPORT
8.
The Committee considered Infrastructure Services Department report INS-16-047, dated May 19,
2016 recommending approval of the Stormwater Management Master Plan
Municipal Class Environmental Assessment Report. Messrs. H. Gross and N. Gollan were in
attendance and responded to questions from the Committee.
Mr. C. Denich, Aquafor Beech Ltd. presented the Report. He stated the Master Plan is a long-
term planning document which follows Approach #2 of the Municipal Engineers Association
(MEA) Municipal Class Environmental Assessment Process (2011) and fulfills Schedule A, A+
and B projects and identifies Schedule C projects for future studies. He provided an overview
of the study goals and objectives, as well as the six management program elements.
In response to questions, Mr. Gollan advised that the Master Plan is a strategic vision on how
the City will approach stormwater management for the next 15 plus years. He indicated once
approved, staff will begin developing an implementation plan which is anticipated to be
completed for fall 2016. He stated the budget for the implementation plan will be based on the
existing 9.2% projected annual stormwater rate increase over the next 10 years, including
potential infrastructure funding from other levels of government. He further advised through the
budget process and staff reports, Council will determine the annual stormwater management
projects and budget allocations associated with those projects.
Carried Unanimously
The following motion was then voted on and was on a recorded vote.
Councillor Z. Janecki was absent and accordingly did not vote.
On motion by Councillor B. Ioannidis -
it was resolved:
That the City of Kitchener Integrated Stormwater Management Master Plan (ISWM-
vironmental Assessment Report prepared by
Aquafor Beech Ltd. and dated May 19, 2016 be approved, together with the
recommended approaches; and,
That staff be directed to file the report for the 30 day public review period as required by
the Environmental Assessment Act; and further,
That staff be directed to develop an Implementation Plan, with an operations and
maintenance strategy, resource requirements, and supporting policies and by-laws, as
outlined in Infrastructure Services Department report INS-16-047.
CSD-16-033 - NOISE EXEMPTION - COUNTRY MUSIC FEST
9.
The Committee considered Community Services Department report CSD-16-033, dated May 12,
2016 recommending approval of a noise exemption for the CMT-Country Music Fest at
Bingemans Centre on July 8 and 9, 2016, between the hours of 11:00 a.m. and 11:00 p.m. Ms.
G. MacNeil was in attendance and responded to questions from the Committee.
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 - 25 - CITY OF KITCHENER
CSD-16-033 - NOISE EXEMPTION - COUNTRY MUSIC FEST
9.
Ms. J. Lemmon and Ms. T. Tse, Lemmon Entertainment, addressed the Committee in support
of the recommendation as outlined in Report CSD-16-033. Ms. Lemmon advised that ticket
sales have not been as successful to date as anticipated so the sound equipment has been
downgraded to better reflect the anticipated attendance. She further advised that the Festival
organizers would like establish a good relationship with the City and have attempted to
mitigate any concerns related to noise as much as possible.
On motion by Councillor B. Ioannidis -
it was resolved:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted for the CMT-Country Music Fest, to be held at Bingemans Center on July 8 and
9th, 2016, between the hours of 11:00 a.m. and 11:00 p.m., each day, as outlined in
Community Services Department report CSD-16-033; and further,
That this exemption is subject to the following conditions, which, if not complied with,
will render the noise exemption null and void:
a) There shall be no offensive language, in the opinion of City staff, generated from
this music festival, audible in any adjacent residential neighbourhood;
b) The event organizers will ensure that there is an on-site contact person
accessible to correspond with City staff at all times during the event;
c) The event organizers agree to respond accordingly to requests from City staff,
during the event, in order to address community concerns that may arise with
regard to the impact of noise heard within adjacent residential areas;
d) The event organizer will be responsible for the cost of a paid-duty Noise Officer,
to be assigned specifically to this event which shall be paid in full prior to the
Council date of June 13th, 2016, and
e) The maximum decibel level (dba) audible from a residential area shall not exceed
65 dba.
CSD-16-019 - NOISE EXEMPTION - KOI IN PARKING LOT - CENTRE IN THE SQUARE
10.
The Committee considered Community Services Department report CSD-16-019, dated May 12,
2016 recommending approval of a noise exemption for the KOI Festival at the Parking Lot,
located at the Centre in the Square on June 25, 2016, between the hours of 8:00 a.m. and
10:30 p.m. Ms. G. MacNeil was in attendance and responded to questions from the
Committee.
Messrs. R. Sonoda, G. Henderson and K. Ozolins, Centre in the Square, were registered to
address Committee this date; however, when called by the Chair were not in attendance.
Councillor S. Marsh expressed concerns with the stage for the Festival being directed towards
the residential homes along Margaret Avenue rather than facing Frederick Street. She
questioned whether there was a reason for the stage location and requested staff to follow up
with the event organizers on whether it was possible to relocate the stage in the opposite
direction.
On motion by Councillor B. Ioannidis -
it was resolved:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted for KOI Festival at the Parking Lot, to be held at the Centre in the Square on
June 25, 2016, between the hours of 8:00 a.m. and 10:30 p.m., as outlined in
Community Services Department report CSD-16-019; and further,
That this exemption is subject to the following conditions, which, if not complied with,
will render the noise exemption null and void:
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
MAY 30, 2016 - 26 - CITY OF KITCHENER
CSD-16-019 - NOISE EXEMPTION - KOI IN PARKING LOT - CENTRE IN THE SQUARE
10.
a) There shall be no offensive language, in the opinion of City staff, generated from
this music festival, audible in any adjacent residential neighbourhood. The event
organizers will ensure that there is an on-site contact person accessible to
correspond with City staff at all times during the event;
b) The event organizer will be responsible for the cost of a pay-duty Noise Officer,
to be assigned specifically to this event;
c) The event organizers agree to respond accordingly to requests from City staff,
during the event, in order to address community concerns that may arise with
regard to the impact of noise heard within adjacent residential areas; and
d) The maximum decibel level (dba) audible from a residential area shall not exceed
65 dba.
ADJOURNMENT
11.
On motion, this meeting adjourned at 12:38 p.m.
D. Saunderson
Committee Administrator