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PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES
APRIL 18, 1994
CITY OF KITCHENER
The Public Works and Transportation Committee met this date under the Chairmanship of Councillor J.
Smola with all members present. Councillor J. Ziegler entered the meeting following its commencement.
Others Present:
Messrs. L. Lynch, D. Snow, W. Beck, D. Suzuki, S. Gyorffy, J. McBride, K.
Mayer, R. Freeborn, J. Wallace, J. Gazzola, J. Cicuttin, T. Clancy, E. Kovacs,
K. Bowman and L.F. Parkhouse.
This meeting of the Public Works and Transportation Committee commenced at 9:05 a.m.
1 .Dr. Stephen Code - Sidewalk - Ottawa Street South
Dr. Stephen Code appeared before the Committee and advised that he has renovated and added to the
original farmhouse at 1188 Ottawa Street South and will be using this location for his Optometrist
Office. It was noted that, from the original property, two new building lots were created. At the time
of redevelopment, Dr. Code was required to sign a Development Agreement and pay $2,850.00 for
the installation of a new sidewalk across the frontage of his clinic and the two new building lots.
Dr. Code advised the Committee that it has come to his attention that the other property owners in the
area did not pay for the installation of this sidewalk but rather the cost was taken from a City Capital
Account. Dr. Code suggested that he has no problem in paying the costs involved for the two new
lots but is of the opinion that he should be treated the same as the other property owners in regard
to the existing structure. In this regard, Dr. Code requested a rebate from the City in the amount of
$1,500.00.
Councillor T. Galloway noted that the original farmhouse is one of the oldest properties in the area and,
accordingly, property taxes have been paid for a good many years. In this regard, it would seem
appropriate for this existing structure to be treated the same as all others and exempted from the
charges for the new sidewalk. Councillor Galloway also noted that by retaining and upgrading an
existing heritage building, Dr. Code has not taken the full advantage of the redevelopment
possibilities for this property.
Councillor J. Ziegler entered the meeting at this time.
Councillor M. Yantzi pointed out that Dr. Code took an existing farmhouse and redeveloped it so that he
could use it for his office. It is clear that a redevelopment took place and, accordingly, it was the
view of Councillor Yantzi that the fees charged for the new sidewalk are appropriate.
Mr. L. Lynch, Manager of Roads and Engineering Services, pointed out that normally new sidewalks are
installed by way of local improvement petitions or, on the other hand, they are paid for by
developers when properties are being either developed or redeveloped. Mr. Lynch also advised the
Committee that because of work going on in this area the City did some site clean-up on Dr. Code's
property. It was also noted that Dr. Code received a very good price because the City's Contractor
was installing sidewalk in this particular area. Mr. Lynch advised the Committee that City staff have
followed the standard practice regarding this redevelopment.
When questioned by the Committee, Dr. Code advised that one additional Optometrist could be
accommodated in the newly developed clinic.
When questioned by Councillor Galloway, Mr. Lynch advised that the City did collect some monies from
the other property owners in the area, however, it was not likely that any of this was used for the
installation of sidewalks. In this regard, it was the view of Councillor Galloway that Dr. Code should
be reimbursed the $1,500.00 which he paid for sidewalk installation.
Councillor M. Yantzi, however, suggested that Dr. Code has been dealt with in the normal manner and
approving the request as presented could create a dangerous precedent.
When questioned by the Committee, Mr. J. Gazzola, Commissioner of Finance, advised that any
reimbursement to Dr. Code would have to be treated as an over-expenditure of Capital out of
Current Funds.
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CITY OF KITCHENER
.Dr. Stephen Code - Sidewalk - Ottawa Street South (Cont'd)
Councillor J. Ziegler was of the view that approving a refund would not necessarily create a dangerous
precedent, however, in this case a redevelopment did take place and a Development Agreement
was signed. This agreement required Dr. Code to pay for the installation of the sidewalk. It was the
view of Councillor Ziegler that the appropriate fees should be paid and the fact that an old heritage
farmhouse is involved is not the question.
Councillor G. Lorentz expressed the view that, under the circumstances, a rebate would seem to be fair
and possibly the entire question of who pays for a sidewalk required to provide a linkage to bus
stops should be revisited.
Councillor T. Galloway introduced a motion which, if approved, would have resulted in a rebate of
$1,500.00 being paid to Dr. Stephen Code being the cost of the installation of sidewalks across the
frontage of his existing Optometrist Clinic. This motion was put to a vote and was defeated.
On motion by Councillor G. Lorentz -
it was resolved:
"That no action be taken regarding a request from Dr. Stephen Code for a refund of $1,500.00 regarding
the installation of a new sidewalk across the frontage of the Optometrist Clinic at 1188 Ottawa
Street South."
2.Marlin Schwartzentruber- Curb Paint Ltd.
Mr. Marlin Schwartzentruber appeared before the Committee and advised that consideration is being
given to starting a new business which would paint street numbers on City curbs. These numbers
would be clearly visible and provide assistance to emergency vehicles and first-time visitors.
When questioned by the Committee, Mr. Schwartzentruber advised that his standards would be identical
to those which were approved in 1992 for a different organization.
Following further discussion and on motion by Councillor J. Ziegler -
it was resolved:
"That, subject to Curb Paint Ltd. Safety Identification satisfying City staff as to their financial ability to
undertake the project, approval be granted which will allow this Company to approach
property owners to seek approval to paint residential address numbers on curbs, subject to the
following provisions:
a)that the background shall be dark green with white numbers;
b)that the size and type of lettering shall be standardized; and,
c)that the property owners shall not be obliged to install these numbers nor shall the property owners be
obliged to keep them visible during the winter months."
3.Timed Transfer Study
The Committee was advised that Mr. J.J. Bakker, a Consultant in Transit Planning and Transit Route
Design, had been retained to undertake a Timed Transfer Study. Mr. Bakker was in attendance at
this meeting to present his report.
Mr. Bakker advised the Committee that a study was undertaken which provides a framework which, if
implemented, will lead to a Timed Transfer System. This system, if implemented, will result in buses
meeting at the same location, at the same time, at regular intervals.
In his report, Mr. Bakker presented 5 recommendations which are attached hereto and form part of these
minutes.
3.Timed Transfer Study (Cont'd)
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APRIL 18, 1994 - 19 -
CITY OF KITCHENER
Mr. Bakker advised the Committee that as timed transfers become reliable and repeatable, the end result
will be increased customer satisfaction. It was also noted that shopping centres are good locations
for Transit Centres if provisions for stop-overs are included. This type of provision allows a transit
rider a period of time before he must make his connection with another bus. This is of interest to the
mall operators because it provides the transit users with time to do some shopping.
Mr. W. Beck, Director of Transit, advised the Committee that the report being presented at this time was
only received by staff late in the week of April 11, 1994. Accordingly, it is suggested that the report
should be received at this time and referred to staff in order that an in-depth review can be
undertaken and a complete report brought back to the Committee at a later date.
On motion by Councillor M. Wagner -
it was resolved:
"That the Kitchener Transit Timed Transfer Study, prepared by Mr. J.J. Bakker, be received and referred
to Transit staff for an in-depth review with a report in this regard to be filed with the Public
Works and Transportation Committee at a future meeting."
4. DOPWR 94-16 - Consolidation of Uniform Traffic By-law
The Committee was advised that representatives of the Region, the City of Kitchener and other area
municipalities was established in March 1993 to produce a new Consolidated Traffic and Parking
By-law. The new by-law, as presented, incorporates the most recent changes to the Highway
Traffic Act and ensures that identical terminology is being used in all municipalities. It was noted
that weight restrictions on bridges has been deleted from the Traffic and Parking By-law and these
will be incorporated into a separate by-law, if required.
On motion by Councillor M. Wagner -
it was resolved:
"That the City of Kitchener support the adoption of a new Consolidated Traffic and Parking By-law which
will become effective September 1, 1994, and further,
That City of Kitchener By-law No. 88-173, being the existing Traffic and Parking By-law, be repealed."
5. DOPWR 94-18 - On-Street Parkinq - Denlow Street
The Committee was advised that, due to a severe grade on Denlow Street, parking on the east side of
this street has created some concerns due to the number of intersecting roadways. As a result, it is
being recommended that parking be prohibited on the east side of Denlow Street from the south
intersection of Westchester Drive to Keewatin Avenue.
On motion by Councillor J. Ziegler -
it was resolved:
"That parking be prohibited on the east side of Denlow Street from the south intersection of Westchester
Drive to Keewatin Avenue, and further,
That the Uniform Traffic By-law be amended accordingly."
6. DOPWR 94-19 - Proposed Closure - Commerce Parkinq Lot No. 8 & Proposed Daily Parkinq -
Joseph Street Parkinq Lot No. 18
The Committee considered a report which recommends that Commerce Parking Lot No. 8 cease to
operate as of April 30, 1994. This parking lot is located off of Goudie's Lane between Frederick
Street and Queen Street between the old City Hall and King Street. It was noted that due to
increased taxes and reduced revenues this lot is now operating at a loss to the City. It is being
6. DOPWR 94-19 - Proposed Closure - Commerce Parkinq Lot No. 8 & Proposed Daily Parkinq -
Joseph Street Parkinq Lot No. 18 (Cont'd)
recommended that the responsibility of maintaining this parcel of land be returned to the property owner
effective April 30, 1994.
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CITY OF KITCHENER
The Committee was advised that Lot No. 18 is located immediately west of Gaukel Street and presently
offers 71 spaces which are used strictly for monthly parking. It is proposed that this lot be used in
such a manner so as to permit hourly parking on a daily basis.
When questioned by the Committee, Mr. J. McBride advised that staff can consider the possibility of
providing for right-in and right-out traffic movements to and from the Joseph Street lot.
On motion by Councillor G. Lorentz -
it was resolved:
"That Commerce Parking Lot No.8 cease to operate as a City parking lot, effective April 30, 1994, and
further,
That Joseph Street Parking Lot No. 18 permit hourly parking at a rate of $1.25 per hour and daily parking
at a rate of $5.00 per day between 8:00 a.m. and 6:00 p.m., Monday to Thursday and
Saturday, and between 8:00 a.m. and 9:30 p.m. Friday, in addition to the existing monthly
parking, effective April 30, 1994, and further,
That the Off-Street Parking By-law be amended accordingly."
7. DOPWR 94-21 - Street Party - Brant Crescent
The Committee was advised that the residents of Brant Crescent would like to hold a Street Party on
Saturday, April 30, 1994. A petition signed by all residents of this street has been received.
On motion by Councillor M. Wagner -
it was resolved:
"That Brant Crescent be closed on Saturday, April 30, 1994 for the purpose of a street party and that the
appropriate by-law under Section 352(61) of the Municipal Act be enacted, and further,
That the expenditure to accommodate this event be charged to the appropriate account number."
8. DOPWR 94-22 -Street Party - Kilkerran Crescent
The Committee was advised that a request has been received from the residents of Kilkerran Crescent
between Biehn Drive and Kilbirnie Court to allow a Street Party on Saturday, May 24, 1994. A
petition signed by all of the residents of this section of Kilkerran Crescent has been received.
On motion by Councillor M. Wagner -
it was resolved:
"That Kilkerran Crescent be closed between Biehn Drive and Kilbirnie Court from 4:00 p.m. to 11:00 p.m.
on Saturday, May 28, 1994, for the purpose of a street party and that the appropriate by-law
under Section 352(61) of the Municipal Act be enacted, and further,
That the expenditure to accommodate this event be charged to the appropriate account number."
9. DOPWR 94-24 - Implementation of Bill 25
Councillor G. Lorentz declared a conflict of interest in regard to this matter and abstained from discussion
and did not vote. Councillor Lorentz is employed by Canada Post.
The Committee considered a report outlining steps which were required to be taken by the City as the
result of the enactment of Bill 25 by the Provincial Government. In this regard, it was noted that the
City was required to issue a Notice of Impending Conviction if a parking ticket remained unpaid prior
to submitting these to the Court in order for a conviction to be registered. It was noted that this
requirement has been implemented through the City's existing agreement with Canada Post.
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APRIL 18, 1994 - 21 -
CITY OF KITCHENER
It was noted that the second portion of Bill 25 allows municipalities to issue the Notices of Fine and Due
Date and collect all revenue for outstanding parking tickets. It is being recommended by staff that
the City proceed in this regard because it will ensure that parking tickets are processed in a timely
manner.
The Committee was advised that Canada Post has processed the Notices of Impending Conviction in an
effective manner and it is being recommended that they be contracted to produce the Notices of
Fines and Due Date.
On motion by Councillor J. Ziegler -
it was resolved:
"That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with
Canada Post for the issuance of Notices of Fine and Due Date, and further,
That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with the
Ministry of the Attorney General for the collection and processing of parking fine revenue."
Councillor G. Lorentz declared a conflict of interest and abstained from all discussion and did not vote in
that he is employed by Canada Post.
10. DOPWR 94-25 - Landscaping Improvements - Lot No. 5 - Eb¥ Street
The
Committee considered a report which recommends that certain landscaping improvements be
undertaken in regard to Lot No. 5 which is located at the intersection of Eby Street and Duke Street.
It is suggested that a planting bed be installed which would assist in the enhancement of Eby Street
and the Market Village area. It was noted that the costs involved are approximately $15,000.00 and
this amount was included in the 1994 Capital Budget. The Committee was advised that the
Kitchener Downtown Business Association is aware of and supports staff's recommendation in this
regard.
On motion by Councillor G. Lorentz -
it was resolved:
"That the landscaping proposal for the Eby Street frontage of Parking Lot No. 5, as presented to the
Public Works and Transportation Committee on April 18, 1994, be adopted."
11 .DOPWR 94-26 - 1994 Garage Repair Program
The
Committee was advised that the City's Structural Engineers have recommended that it would be
prudent to complete the minor concrete delaminations which have not been completed in the
Duke/Ontario Garage and repair any broken tendons that are discovered. It is believed that these
minor repairs can be completed for less than $35,000.00.
The Committee was advised that, in addition to these minor repairs at the Duke/Ontario Garage,
proposed repairs for the Market Square Garage will also be undertaken and it is anticipated that
both works can be completed within the approved budget.
11 .DOPWR 94-26 - 1994 Garage Repair Program (Cont'd)
On motion by Councillor M. Yantzi -
it was resolved:
"That approximately $35,000.00 in Capital Budget funds previously allocated for the Market Square
Garage repairs in 1994 be reallocated to the Duke/Ontario Garage to complete the remedial
work begun in 1993."
12. R.L. Coolsaet Limited
The Committee was advised that in July 1993, R.L. Coolsaet Limited was awarded a contract to
undertake the construction of gasmains and service laterals. The City has now been advised that
the parent company of R.L. Coolsaet Limited has gone into receivership and the City's Contractor
PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES
APRIL 18, 1994 - 22 -
CITY OF KITCHENER
also had to declare bankruptcy as a result of the parent company's financial problems.
The
Committee was advised that the Bonding Company is obliged to have any outstanding work
completed at no additional cost to the City. It has been determined that the principle's of R.L.
Coolsaet Limited have established a new corporate entity called Coolsaet Pipeline Ltd. and are
operational. In consultation with the City's Bonding Company and the City's Legal Department,
Coolsaet Pipeline Ltd. have been approached and have agreed to complete the remaining work of
the existing contract at the original prices. The Committee's approval for this course of action is
requested.
On motion by His Worship Mayor D. Cardillo -
it was resolved:
"That the Mayor and Clerk be authorized to execute a contract with Coolsaet Pipeline Ltd. for the
completion of outstanding work required under Contract T93-54."
13.1994 Transit Initiatives
The Committee received an informational report which contains the results of a brainstorming session
which was undertaken by senior Transit staff on March 11, 1994. These initiatives will be further
discussed at a staff level and, when and where appropriate, recommendations will be submitted to
the Public Works and Transportation Committee.
Mr. R. Freeborn also pointed out that, at the appropriate time, an aggressive marketing plan for Kitchener
Transit will be prepared.
14. Utilities Division - Marketing Program - 1993 Statistics
A statistical report regarding the marketing activities of the Utilities Division to the end of 1993 was
presented to the Committee.
Mr. E. Kovacs introduced Kevin Bowman who has assumed the position of Manager of Customer
Relations and Marketing.
It was suggested that an additional Marketing Program may be hook-ups for gas barbecues.
When questioned by the Committee, Mr. Bowman advised that there are still some problems with home
refuelling units for natural gas vehicles. These matters are being pursued.
15. Frozen Water Services
The Committee was advised that this problem has now been nearly overcome. During the summer
months staff will be reviewing the problem areas and developing a list of steps which can be taken
to avoid similar problems next winter.
16.Salting Procedures
This informational report from Mr. S. Gyorffy, Director of Operations, was received by the Committee.
17.Projects In Progress - Engineering Division
This informational report was received by the Committee.
In reply to Councillor T. Galloway, it was noted that the culvert addition to the Borden Greenway at
Westmount Road will be completed in the Fall of 1994. Following the completion of this work
floodlines will be reviewed.
18. Leaf Collection
When questioned by the Committee, Mr. S. Gyorffy advised that the Garbage Contractor will still pick up
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APRIL 18, 1994 - 23 -
CITY OF KITCHENER
leaves in the City of Kitchener. Several members of the Committee indicated that this was not
happening and requested Mr. Gyorffy to communicate with the City's Garbage Contractor as quickly
as possible.
19.Overniqht On-Street Parkinq
At the request of Councillor M. Yantzi, Parking Staff will prepare a report for consideration at a future
meeting regarding the entire question of allowing on-street parking during the summer months.
20.Adjournment
On motion, the meeting adjourned at 10:55 a.m.
L.F. Parkhouse, AMCT
Deputy City Clerk