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HomeMy WebLinkAboutPublic Works - 1999-04-26PWTC\1999-04-26 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES APRIL 26, 1999 CITY OF KITCHENER The Public Works and Transportation Committee met this date, chaired by Councillor John Smola, with the following members present: Mayor C. Zehr, and Councillors J. Haalboom, C. Weylie, Jake Smola, and J. Ziegler. Councillor K. Taylor-Harrison was in attendance for part of the meeting. Others Present: Ms. P. Houston and Ms. J. Billett, and Messrs. J. Gazzola, E. Kovacs, S. Gyorffy, D. Snow, J. McBride, D. Quinn, D. Mansell, J. Bayley, J. Cicuttin, R. Miller, J. Shivas, and L. Neil. This meeting of the Public Works and Transportation Committee commenced at 8:35 a.m. 1. GRAND RIVER SOUTH COMMUNITY - SANITARY SERVICING SCHEME The Committee was in receipt of a report dated April 20, 1999, from Mr. D. Mansell, Manager, Engineering Development, outlining the preferred Sanitary Servicing Scheme for Grand River South Community and requesting that the Class Environmental Study Report be filed with the City Clerk for the mandatory 30 day public review period. He pointed out that it is proposed to service the entire Grand River South Community by a single sewage pumping station located at the end of Zeller Drive, with the forcemain routing to be established in the right-of-way corridors of Zeller Drive, Fairway Road, Lackner Boulevard, and Ottawa Street, to the existing gravity sanitary sewer outlet at the intersection of Ottawa Street North and Old Chicopee Drive. Councillor J. Haalboom inquired as to how the location at the end of Zeller Drive had been chosen for location of the pumping station. Mr. D. Mansell pointed out that the location proposed is the lowest point within the Grand River South Community and was felt to be the best location to be used to collect sewage for transport into the drainage area. Further, he stated that regardless of what development is proposed in the area of the Grand River South Community, the proposed location for the pumping station would still be considered the best location. Councillor Jake Smola asked that staff, as part of the plans for the Grand River South Reservoir, work together with the Region and the Developers to investigate the possibility of a second water supply service that would utilize non-potable water. It was agreed that staff would undertake some preliminary investigation of this matter. On motion by Councillor Jake Smola - it was resolved: "That Council approve the preferred sanitary servicing scheme for Grand River South Community, as presented to the Public Works and Transportation Committee on April 26, 1999; and further, That the Schedule 'B' Class Environmental Study Report for this project be filed with the City Clerk for the mandatory 30 day public review period." 2. DOPWR 99-14 - ON STREET PARKING - SPADINA ROAD EAST The Committee was in receipt of a report dated April 21, 1999, from Mr. J. McBride, Manager of Traffic and Parking, requesting that a parking prohibition be established on the south side of Spadina Road East from opposite Ruby Street to Windsor Crescent. This request was the result of concerns raised by residents with respect to visitors to St. Mary's Hospital parking their vehicles on the boulevard area rather than on the paved road and, as a result, the boulevards are being damaged. Mr. J. McBride advised that two residents would be affected by the parking prohibition, being the owners of 5 Windsor Crescent and 73 Spadina Road East, and both have agreed to the installation of the parking prohibition. PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES APRIL 26, 1999 - 34 - CITY OF KITCHENER 2. DOPWR 99-14 - ON STREET PARKING - SPADINA ROAD EAST (CONT'D) On motion by Mayor C. Zehr- it was resolved: "That parking be prohibited anytime on the south side of Spadina Road East from opposite Ruby Street to Windsor Crescent; and further, That the Uniform Traffic By-law be amended accordingly." 3. ECNG CONTRACT The Committee was in receipt of a report dated April 20, 1999, from Mr. E. Kovacs, General Manager of the Department of Public Works, requesting permission to extend the existing Energy Management Consultant Agreement with ECNG for an additional 18 month period. Mr. E. Kovacs pointed out that Council had previously approved the hiring of an energy management position within the Department of Public Works, who would be responsible for the regulatory and administrative functions resulting from the deregulation of the energy industry. Mr. Kovacs pointed out that this is a highly specialized position with a significant financial impact and, accordingly, the position has not as yet been filled. As a result, Mr. Kovacs stated that staff continue to rely on ECNG to provide the necessary consultation in order to manage the changes resulting from deregulation. Councillor J. Ziegler inquired what costs were involved in extending the existing contract for an additional 18 month period. Mr. E. Kovacs responded that it was difficult to determine exact costs as circumstances beyond staff's control may present themselves; i.e., Union Gas may choose to appeal to the Energy Board which would result in higher costs to the City. Further, he stated that ECNG does not oversee the entire process and is only relied upon in areas where their expertise is required. Councillor J. Ziegler inquired what costs had been incurred from the beginning of the existing contract to present. Mr. Kovacs responded that to date approximately $100,000 to $120,000 in costs had been incurred over the approximate one year of the contract. He advised, however, that these costs should not be considered as typical annual costs as it was not intended to continue using the services of ECNG beyond the extended term of the contract. Councillor J. Ziegler stated that, if hiring for the position proved to be too costly, it may be more cost efficient to continue hiring a consultant. Mr. Kovacs responded that there were pros and cons to continued use of a consultant or hiring. He suggested that hiring would provide a consistent level of expertise. In addition, affiliated staff would have an opportunity to absorb some of the expertise which would be of assistance should there be a staff turnover; whereas, if a change in consultant should occur there would be a loss of continuity. Councillor K. Taylor Harrison entered the meeting at this time. Councillor John Smola noted that a number of residents are still being serviced by Union Gas in the area of Pioneer Tower and questioned if it was legally possible for the City to sell gas to these residents. Mr. Kovacs responded that Union Gas was approached in this regard and advised that they would strongly oppose any attempt by the City to acquire a franchise in this area. Mr. Kovacs further pointed out that, when negotiations were originally undertaken with respect to deregulation, the City had agreed that it would not pursue a franchise in this area. Councillor John Smola inquired if it would be beneficial for the City to pursue such a franchise. Mr. D. Quinn responded that the benefits at this time would only be marginal and that during negotiations a conscious decision had been made not to pursue this area as resources would be needed to manage the City's existing franchise. Mr. Quinn pointed out, however, that staff are following an Ontario Municipal Board Hearing involving the City of Kingston in which jurisdiction over the rights to sell gas in the amalgamated Township of Pittsburgh is in dispute. Mr. Quinn stated that, if the results are in favour of the City of Kingston, it may present an opportunity to APRIL 26, 1999 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES - 35 - CITY OF KITCHENER ECNG CONTRACT (CONT'D) further negotiate a franchise with Union Gas as a precedent will have been set. Councillor John Smola agreed that staff should continue to follow this hearing and advise Council of the outcome. On motion by Councillor J. Ziegler- it was resolved: "That the City extend its existing consulting agreement with ECNG for a period of 18 months commencing May 1, 1999; and further, That the City's Legal Department prepare an amending agreement for execution between the City and ECNG." DOPWR 99-15 - NOISE BY-LAW EXEMPTION - VICTORIA STREET SANITARY AND STORM SEWER OUTLETS The Committee was in receipt of a report dated April 21, 1999, from Mr. D. Snow, Director of Transportation, requesting that an exemption to the City's Noise By-law be granted to the City and its contractors during the construction of the Victoria Street Sanitary and Storm Sewer Outlets, between Courtland Avenue and Victoria Street. Mr. Snow advised the Committee that the consultant, Proctor & Redfern Limited, had conducted a survey of area residents and the majority of respondents to the survey were not opposed. Mr. E. Kovacs added that the survey was the result of a request made by Council to obtain public input prior to such an exemption being granted and staff were in agreement that this process was of benefit to determine public reaction. Councillor J. Haalboom pointed out that there were a number of residents on Theresa Street and Linden Avenue that did not respond to the survey and inquired how far away from the construction noise these properties would be located. Mr. Snow responded that these residents would be fairly close to the noise of the construction, however, he pointed out that through the survey these residents have been advised and it was their choice not to respond to the survey. Councillor K. Taylor-Harrison stated that she was in agreement with Mr. Snow's comments and was willing to accept the results of the survey as it shows to the residents that the City is making an effort to advise them of such matters. On motion by Councillor K. Taylor Harrison - it was resolved: "That the City of Kitchener 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 construction of Victoria Street Sanitary and Storm Sewer Outlets between Courtland Avenue and Victoria Street and all related work between the hours of 6:00 p.m. to 8:00 p.m. during the period from April 26, 1999, to September 30, 1999." COLLECTION SERVICES AGREEMENT - CONTRACT DOCUMENT AUTHORIZATION The Committee was in receipt of a report dated April 21, 1999, from Mr. E. Kovacs, General Manager of the Department of Public Works, outlining a request to revise the standard form Bundled Transportation Agreement and to adopt a standard form Collection Services Agreement including a fee schedule, and to provide certain members of staff with the authority to execute such agreements. Mr. E. Kovacs stated that over the course of the past eight months of implementation a number of suggestions have been received through customer feedback which has resulted in the request for modification of these contracts. For the Committee's information, he clarified that Bundled T agreements are used for the transportation of gas from outside the Province into Ontario and Collection Services Agreements are used by outside agents who request the City to COLLECTION SERVICES AGREEMENT - CONTRACT DOCUMENT AUTHORIZATION (CONT'D) APRIL 26, 1999 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES - 36 - CITY OF KITCHENER bill customers for the purchase of gas. He pointed out that the latter is intended to be a self- supporting service through a set fee structure. Mayor C. Zehr inquired what, if any, savings had been obtained since implementation of this process. Mr. E. Kovacs responded that to date the administrative fees are minimal, however, he pointed out that staff are currently preparing reports to outline a strategy for future direction of the process, which will be presented to the Committee in May. On motion by Councillor J. Ziegler- it was resolved: "That a revised standard form Bundled Transportation Agreement between the City and its customers, satisfactory to the City Solicitor, be adopted, for use effective June 1, 1999, in connection with direct purchase and delivery of natural gas; and further, That a standard form Collection Services Agreement between the City and its customers or their agents, satisfactory to the City Solicitor, be adopted effective June 1, 1999, to facilitate competition within the City of Kitchener, through the billing and collection of gas purchases from direct purchase customers on behalf of their agents; and further, That the administrative fee schedule dated effective June 1, 1999, be approved for the services provided by the City under the Collection Services Agreement; and further, That the authority to execute the standard Collection Services Agreement and Bundled Transportation Agreements on behalf of the City of Kitchener be delegated to the Manager of Business Development, Utilities Division, and in his/her absence due to vacation, illness, or attendance at educational seminars or conferences, the Director of Utilities and in his/her absence due to vacation, illness, or attendance at educational seminars or conferences, the General Manager of Public Works; and further, That minor changes may be made to the standard agreements referred to above to accommodate specific contractual needs of the City, its customers or their agents, at the discretion of the Director of Utilities and subject to the approval of the City Solicitor; and further, That Item (3) of the August 10, 1998, Council resolution respecting gas contracts be amended to delete the phrase ', with Union Gas Ltd. and the City's individual customers' and replace same with 'with the City's individual customers as required by Union Gas Ltd.,'." DOPWR 99-6 - EXPANDED HOURS OF TRANSIT SERVICE ON ROUTE 20 GATEWAY PARK The Committee was in receipt of a report dated April 21, 1999, from Mr. D. Snow, Director of Transportation, outlining a request to expand the Transit service on Route 20, Gateway Park, during the evening hours from Thursdays to Saturdays for a trial period. Mr. D. Snow advised the Committee that the request to expand service in this area results from requests of business owners and their patrons who wish to access the businesses during the evening hours. In addition, he stated that the Economic Development Division has advised that businesses proposing to locate in the area have indicated a need for Transit service. Further, he pointed out that it is intended to provide the Freeport Health Centre with additional service through this change. Mr. J. Cicuttin advised the Committee that staff are proposing the expanded service be monitored over the summer months following which the results will be brought back to the Committee. Mr. Snow further advised that staff are continuing to negotiate with Sportsworld for DOPWR 99-6 - EXPANDED HOURS OF TRANSIT SERVICE ON ROUTE 20 GATEWAY PARK (CONT'D) PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES APRIL 26, 1999 - 37 - CITY OF KITCHENER the development of a transit terminal on their site including extension of service from the City of Cambridge. Councillor J. Ziegler questioned the viability of conducting the trial for expanded service as the projected return in the amount of $1,000 is minimal. Mr. Cicuttin responded that the estimate provided is very conservative as it is difficult to determine actual ridership; however, he was of the opinion that, as the monitoring period will be short, the financial risk is minimal. Councillor J. Ziegler questioned that at what point do staff determine the expanded service is no longer viable as it does not meet the required 25% cost recovery. Mr. J. Cicuttin responded that, following the trial period, if the results were not found to be favourable if may be fair at that time to decide that the service be discontinued. Councillor J. Ziegler inquired if the service could be provided on condition the businesses requesting the service agree to subsidize it through promotional advertising on buses. Mr. J. Cicuttin agreed that this alternative could be pursued if following the trial period the performance of the service route was not up to standard. Councillor J. Haalboom stated that she was of the understanding Sportsworld was already subsidizing payment for Transit service. Mr. Cicuttin advised that Sportsworld was previously paying up to $6,000 for Transit service, however, other businesses in the area would not participate in a subsidization partnership. As a result, Sportsworld did not feel that it should be subsidizing the service to the benefit of these other businesses and the practice was discontinued. Councillor J. Haalboom suggested that, if the trial period determined that the service did not meet cost recovery, that the other businesses should then be approached to develop a partnership to subsidize the service. Mayor C. Zehr inquired if the revenues projected as a result of the expanded service would be new revenue or a mixture of new and existing revenue. Mr. Cicuttin responded that a number of elements must be taken into consideration when projecting revenues such as monthly passes and transfers; however, he advised that the projected revenue would primarily be additional income. Councillor C. Weylie referred to Exhibit 1 attached to the report and questioned the figure of $1,623 relating to costs for August 1998. Mr. Cicuttin responded that, in fact, that figure was incorrect and should be $11,623. Councillor Jake Smola stated that he was very supportive of the proposal to expand service in this area and suggested that it should be looked upon as an opportunity to provide service enhancement to the public. He pointed out that Transit is a subsidized service and this expansion should not be looked upon differently than any other expansion as there is potential for increased ridership, particularly in view of plans to develop a link between the Cities of Kitchener and Cambridge. Further, Councillor Jake Smola suggested the route could service the Regional buildings and Police Headquarters and requested this be examined in addition to starting a planning process to implement a regular transit service on this route. On motion by Councillor J. Haalboom - it was resolved: "That, effective Monday, June 21, 1999, until Monday, September 6, 1999, Transit Route 20 - Gateway Park be expanded by adding service Thursdays to Saturdays between 6:15 p.m. and 10:30 p.m., for a trial period; and further, That all Transit Route 20 trips be modified to include travel onto the grounds of Freeport Health Centre in the inbound direction only." 7. INFORMATION ITEMS The Committee was in receipt of the following information reports, namely: APRIL 26, 1999 PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES - 38 - CITY OF KITCHENER · Change to Bus Charter Rates · 1999 Bus Roadeo · Watermain Swabbing Contract & CCTV Inspection Contract · Early Completion Bonus Councillor John Smola advised the Committee that, as part of the report on the 1999 Bus Roadeo, staff are requesting a member of Council to represent the City at this event. By general consent, it was agreed that Councillor K. Taylor-Harrison would represent Council at the 1999 Bus Roadeo event to be held on Sunday, May 16, 1999, at the Kitchener Memorial Auditorium. NEW BUSINESS a) Forwell Road Councillor Jake Smola pointed out that he had received a number of calls from residents in the Forwell Road area who, as the result of a road closure and renaming of part of Forwell Road to Otterbein Road, are unclear as to the correct name to be used for certain portions of this roadway. He asked that staff contact residents in this regard to clarify the situation. b) Grand River South - Transit Service Councillor Jake Smola also asked that staff investigate expanding Transit service from Ottawa Street North extension into the Grand River South Community, and, in this regard, asked that staff prepare a report for the Committee's review. c) CNG Conversions Councillor Jake Smola advised that when he attended the Clean Air Festival he had an opportunity to converse with officials of a company that supports CNG conversions. In this regard, he asked staff to investigate the potential for the City to sell CNG to the public and report back to the Committee at a future date. d) Litterinq Mayor C. Zehr advised that he has received a number of complaints from residents with respect to garbage on roadways. He pointed out that the Management Committee had discussed the issue of litter at its meeting held Tuesday April 20, 1999, and plans were underway for a litter clean-up campaign. Mayor Zehr stated that, in his opinion, this was no longer a problem only related to Spring, but was an ongoing problem throughout the year. He suggested that, while the City maintains a good reputation, more needs to be done to protect that image and promote a clean city. Mr. J. Gazzola, Chief Administrator, advised the Committee that, as a result of discussions at the Management Committee held last Tuesday, the General Managers of the Parks and Recreation and Public Works Departments were working together to establish a plan of action with regard to littering that will involve seeking out volunteer groups. He noted, however, that due to timing it may not be possible to accomplish all that staff propose through this plan of action this year. Councillor J. Ziegler advised that he was aware of a number of businesses that do not have regular garbage pick-up and consequently the garbage containers are allowed to overflow. In addition, he noted that he has viewed City garbage receptacles in a similar condition and suggested that some measure must be undertaken to increase regular NEW BUSINESS (CONT'D) d) Littering (Cont'd) PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES APRIL 26, 1999 - 39 - CITY OF KITCHENER collection of garbage at public receptacles to ensure that businesses and the City are not contributing to the problem. Councillor J. Haalboom suggested that staff publicize the costs payers and Mr. Gazzola agreed to take this suggestion under Councillor Haalboom thanked volunteers who had participated Roads Clean-up held on Saturday April 17, 1999. As part of of litter clean-up to rate- advisement. In addition, in the 5th Annual Scenic this clean-up effort, she pointed out that a large part of the litter collected consisted of disposable material from coffee shops and other fast food businesses. In this regard, she asked that staff work with the owners of such facilities to encourage their participation in promoting a clean city. Further, she asked that staff investigate what could be done with respect to the problem of roadside dumping of such material as sofa beds/mattresses and bagged grass clippings. Councillor Jake Smola stated that existing community sponsored clean-up efforts should not be overlooked as the situation would be greater without the assistance of volunteers. He stated that volunteers are to be congratulated and every effort should be made by staff to promote such volunteerism. Councillor Jake Smola further suggested that the Police Services Board be encouraged to discuss this matter with respect to enforcement issues. He suggested that staff should have the capability of laying fines for littering on public property without having to proceed through the Court system and, in this regard, inquired if this capability exists. Mr. J. Gazzola pointed out to the Committee that he had recently attempted to encourage a member of the public not to litter, to which he had received an adverse reaction resulting in his detainment by the Police. He advised that the Police Officer had pointed out to him that it was not against the law and it was not his place to interfere in such situations. Mr. Gazzola suggested that it is a problem of today's society, in that, many people do not care about littering and those that do risk putting themselves in an adverse situation if they attempt to take action. Councillor J. Ziegler inquired if Mr. Gazzola had reported this incident to Regional Police and Mr. Gazzola responded that he had not had an opportunity to do so. Councillor Ziegler stated that the comments of the Police Officer were not the policy of Police Board and the Board should be made aware of such situations. In response to Councillor Jake Smola's inquiry with respect to fines, Mr. J. Shivas responded that the City's Lot Maintenance By-law does cover littering on public property, with set fines, and staff do have ticketing authority. In addition, he also advised that the City has a by-law with respect to dumping on public streets. Councillor increased highways. for littering Jake Smola suggested that the City take a pro-active approach through fines, noting that the United States imposes a $500 fine for littering on its In this regard, he asked staff to investigate the City's options with respect to fines and report back to the Committee. Councillor K. Taylor-Harrison indicated that she would support any proposal that would encourage anti-littering and, in particular, the depositing of residential garbage on downtown sidewalks. Councillor J. Ziegler again pointed out that the City must do its part to ensure that public receptacles are maintained in a useable manner. Mr. J. Gazzola advised that the Public Works Department have tried before to have such occurrences reported and must have knowledge of the problem before they can act. He advised the Committee that he would 8. NEW BUSINESS (CONT'D) d) Littering (Cont'd) take the entire matter with respect to littering back to the Management Committee for further consideration and discussion. PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES APRIL 26, 1999 - 40 - CITY OF KITCHENER Councillor Jake Smola requested that as part of the discussions, consideration be given to leaving garbage receptacles in City parks at an accessible point during winter months rather than removing them in the Fall of each year and staff were directed to take this under advisement. e) Private Wells Councillor C. Weylie advised that she has been made aware of problems being experienced by residents on Highland Road with respect to private wells after development of lands in the area had taken place. She pointed out that a concern was raised recently as to the possibility of private wells being negatively affected by future development in the Bridgeport North area. Councillor Weylie acknowledged that this is not necessarily the developer's responsibility; however, she inquired if provisions should be made in Community Plans or Subdivision Plans to ensure that some assistance will be provided in this type of situation. Mr. E. Kovacs responded that in the case of subdivision development and where staff are aware of private wells, monitoring devices could be incorporated into the agreements and installed before development takes place, and if problems result that are directly linked to the development then it is possible to claim compensation. He advised that for situations which occur retro-actively it becomes a matter of dispute between parties as to whether the development caused the situation or not. Councillor C. Weylie suggested that a policy be developed with respect to this matter and, in this regard, Councillor John Smola inquired if it would be more cost effective to simply provide residents in this situation with service for the necessary hook-ups to water and sewer. Mr. E. Kovacs responded that as there are few private wells left, this would not have a negative impact and suggested that this course of action would be a positive pro-active approach. Councillor Jake Smola indicated that he was aware of a similar problem on Rothsay Avenue, in his Ward, that resulted from a Iow water table rather than from development. He advised that this situation had been resolved through the local improvement process. In this regard, he suggested that staff should also look at an accelerated program to provide the necessary hook-up to the water and sewer systems for residents in this type of situation. 9. ADJOURNMENT On motion, the meeting adjourned at 9:50 a.m. Janet Billett, AMCT Committee Administrator