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PUBLIC WORKS AND TRANSPORTATION COMMITTEE MINUTES
SEPTEMBER 20, 1993
The Public Works and Transportation Committee met this date under the Chairmanship of Councillor
J. Smola with all members present.
Others Present:
Councillor M. Yantzi and Messrs. R. Freeborn, W. Beck, E. Kovacs, D. Collie,
S. Gyorffy, A. Mak, T. McKay, D. Suzuki, F. Graham, J. Shivas, D. Snow and
L.F. Parkhouse.
This meeting of the Public Works and Transportation Committee commenced at 9:40 a.m.
1. Ms. Carolyn Keatinq - Schneider Trunk Sewer Installation
Councillor M. Wagner advised the Committee that Ms. Carolyn Keating was in attendance at this
meeting representing the residents of Bedford Road between Courtland Avenue and Sydney
Street. Ms. Keating will be making a presentation regarding problems which were encountered
during the Schneider Trunk Sewer installation.
The Committee was reminded that Ms. Keating had appeared during 1992 and, at that time, outlined
problems which had been caused for the area residents by construction delays. In order to
provide more information to the area residents on site meetings were held on a regular basis.
The Committee was also reminded that, at her previous appearance, Ms. Keating had
suggested that consideration be given to providing the area residents with some form of
compensation in light of the disruptions they had encountered.
Ms. Carolyn Keating appeared before the Committee representing 14 property owners on Bedford
Road between Courtland Avenue and Sydney Street. Ms. Keating pointed out that all residents
of the City pay property taxes and in return there are certain services that they should receive.
During the construction of the Schneider Trunk Sewer the Bedford Road residents were
deprived of many services. It was the view of Ms. Keating that the Schneider Trunk Sewer
installation was a major project and it is unlikely that anything like it will be undertaken in the
City for many years to come. In this regard, it was suggested to the Committee that any action
taken regarding compensation should not be viewed as a precedent setting decision.
The
Committee was advised that the area residents have held a meeting and agree that each of
them should receive equal treatment even though the level of inconvenience may have varied
from property owner to property owner. It was pointed out that the residents are requesting a
total rebate of their property taxes for the period commencing February 1992 and concluding in
June 1993.
Ms. Keating outlined some of the problems which were faced by the Bedford Road residents. These
are as follows:
-off site parking with associated vandalism to vehicles;
-temporary wooden walkways which were not available along the entire street;
-service disruptions in Cable T.V. service;
-difficulty in receiving fuel deliveries;
-prolonged periods of noise from water pumping activities:
-no access to driveways for approximately 8 weeks;
-frozen water services;
-gasline disruptions;
-unavailability of emergency services due to road closure;
-health concerns due to breaks in the sanitary sewer;
-construction delays caused by work not being done correctly the first time.
Ms. Keating expressed the opinion that the requested settlement is fair, taking into account the
disruptions experienced by the Bedford Road residents.
When questioned by Councillor Galloway, it was estimated that the cost to the City would be
approximately $30,000.00 if the compensation were paid as requested. In this regard,
Councillor Galloway pointed out to the delegation that only 30% of property taxes actually go to
the City of Kitchener.
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1. Ms. Carolyn Keatinq - Schneider Trunk Sewer Installation (Cont'd)
Councillor M. Wagner suggested that the information provided by Ms. Keating is essentially true and
valid. Councillor Wagner did point out, however, that the consulting engineers and City staff
did everything possible to resolve problems as they arose. The construction company did
make some mistakes, however, they did do everything possible to correct these.
It was the view of Councillor Wagner that this Committee can recommend a settlement such as that
suggested by Ms. Keating or they could recommend that no action be taken in providing any
form of settlement. A final alternative would be to refer this matter to staff so that further
information could be provided.
Councillor M. Yantzi suggested that the area residents could file a law suit against the City and let
the Courts decide what, if any, compensation should be forthcoming.
Councillor J. Ziegler was of the opinion that it was necessary to determine how long a project of this
magnitude should normally take and how long this project actually took to complete. It may
then be appropriate to provide a rebate for the City's share of property taxes for the extra time
that the street was actually closed.
Mr. T. McKay suggested that if the Committee is considering some form of compensation it should
not be related to property taxes in any way, shape or form.
Councillor T. Galloway advised that, in future, he would like to see steps taken so that contracts for
this type of work are written in such a manner so that the contractor would be responsible for
any claims which may be forthcoming for compensation.
Mr. J. Shivas advised the Committee that the area residents could file an injurious affection claim
against the City which would then be considered by the Ontario Municipal Board.
Mr. T. McKay suggested that the Committee is faced with making a political decision because, no
doubt, a report from the Legal Department would indicate that the City has no legal
responsibility to provide compensation and a report from the Finance Department would
indicate that monies are available if a payment is to be made. In this regard, however,
Councillor Wagner indicated that he would like a report from the Legal Department so that he
can be assured that providing compensation in this case will not create a precedent.
Following further discussion and on motion by Councillor M. Wagner -
it was resolved:
"That further consideration of providing compensation to the residents of Bedford Road between
Courtland Avenue and Sydney Street be deferred in order for reports to be received from
the Finance Department, the Legal Department and the Public Works Department in
conjunction with the Consulting Engineer, and further,
That the staff reports to be received deal with the questions of whether or not a precedent will be
established and provide information as to the amount of time Bedford Road was closed
over and above which would normally be expected for a project of this size, and further,
That this matter be further considered by the Public Works and Transportation Committee at the
meeting to be held on October 4, 1993."
2.Tri-Party Gas Contracts
The Committee was advised that on July 11, 1988 the Council of the day passed a resolution
authorizing the Mayor and Clerk to execute Tri-Party Gas Purchase Agreements on behalf of
the City. It has now been requested that this authorization be updated.
2.Tri-Party Gas Contracts (Cont'd)
On motion by His Worship Mayor D.V. Cardillo -
it was resolved:
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"That the Mayor and Clerk be authorized to execute Tri-Party Gas Purchase Agreements on behalf
of the City of Kitchener."
3.Natural Gas - Rate Increase
Messrs. D. Collie and E. Kovacs appeared before the Committee regarding this matter. Mr. Collie
presented information indicating that on October 1, 1993 there will be a natural gas rate
increase to the City of Kitchener of approximately 8% to 9¼% This rate increase is caused by
the cost of natural gas in Western Canada. It was noted that, as a result of this increase,
natural gas rates will return to approximately what they were in 1983.
The Committee was advised that the Ontario Energy Board has approved a retroactive rate increase
of approximately $600,000.00 which will cover the time period from April 1992 to April 1993. A
further retroactive increase of $1,200,000.00 for the period of April 1993 to September 1993
has also been approved.
When questioned by Councillor J. Ziegler, Mr. Kovacs advised that the City's existing policy is to
treat our gas customers exactly the same as the City is treated by Union Gas. In this regard it
was noted that, in the past, retroactive adjustments have been made to our customers which
resulted in refund cheques being issued to gas users. It was noted that this is exactly the same
situation except that the City is now faced with a price increase rather than a price decrease.
On motion by Councillor G. Lorentz -
it was resolved:
"That,
upon receiving specific natural gas rate schedules, staff from the Revenue, Information
Services and Utilities Divisions shall develop a proposal outlining the method of cost
recovery which will be applied to natural gas users which shall be submitted directly to
City Council for consideration and approval."
4. DOPWR 93-41 - Traffic Flow - Agnes Street
The
Committee considered a report which recommends that traffic on Agnes Street between Park
Street and Dominion Street be changed from a 2 way flow to a 1 way northbound flow. The
report, as presented, also recommends stop control changes which will be required with the
adoption of a new traffic pattern.
The
Committee was advised that the proposal, as presented, will have an impact on the angle
parking in front of the Granite Club, however, this has been discussed by the Club's Board and
they have indicated they have no objection to its approval.
On motion by His Worship Mayor D. Cardillo -
it was resolved:
"That the traffic controls be changed from two way flow to one way northbound flow on Agnes Street
between Park Street and Dominion Street, and further,
That the stop control be reversed to control northbound traffic on Agnes Street at Dominion Street,
and further,
That the Uniform Traffic By-law be amended accordingly."
5.DOPWR 93-42 - King Street Closure - Oktoberfest Opening Ceremonies
The Committee was advised that Oktoberfest Opening Ceremonies will be held in the Civic Square in
front of the new City Hall on October 8, 1993 between 12:00 Noon and 1:00 p.m. It is
anticipated that all spectators can be accommodated in the Civic Square, however, to ensure
safety it is
5.DOPWR 93-42 - King Street Closure - Oktoberfest Opening Ceremonies (Cont'd)
being suggested that King Street be closed to traffic between Water Street and Ontario Street during
this time.
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On motion by Councillor G. Lorentz -
it was resolved:
"That King Street be closed to traffic between Water Street and Ontario Street on Friday, October 8,
1993 between the hours of 11:30 a.m. and 1:00 p.m. for the purpose of holding the K-W
Oktoberfest Ceremonies, and further,
That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted."
6.Street Closures - Doon Pioneer Park Area
The Committee was advised that the Doon Pioneer Park Community Association, in conjunction with
the Society for the Preservation of Upper Doon, are planning a walking and guided tour of the
Tilt Drive/Stauffer Drive area of the City during the afternoon of Sunday, October 3, 1993.
Mr. D. Snow appeared before the Committee and advised that the event organizers are prepared to
erect the necessary barricades, however, at a staff level there is concern that without
appropriate warning signs on other streets there may be confusion and inconvenience for
motorists using the area. In this regard, it was suggested that the Organizing Committee
should be required to man the various barricades so that motorists can be advised as to how
they can best reach their desired destination. If this course of action is not followed there is
concern that motorists will ignore the barricades and a safety hazard will be created.
Following further discussion and on motion by Councillor G. Lorentz -
it was resolved:
"That the following streets be closed on Sunday, October 3, 1993 between 12:00 Noon and 4:00 p.m.
for the purposes of a walking and guided tour, namely:
Groh Road between Stauffer Drive and Dodge Drive
Stauffer Drive between Caryndale Drive and Tilt Drive
Tilt Drive between Doon Village Road and Stauffer Drive,
and further,
That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted."
7. Reqional Municipality of Waterloo - Potential Service Reduction Alternatives
The Committee received a report from Mr. S. Gyorffy, Director of Operations, to which was attached
a Regional Municipality of Waterloo report outlining potential service reduction alternatives.
This report was generally received as submitted with some Councillors commenting on the
possibility for reducing garbage pick-ups and the pick-up of recyclable material.
8.Local Improvements- Old Mill Road
The Committee received an informational report from Mr. B. Liddle, Director of Engineering,
regarding comments which were made by Mr. Glen Urquhart at the August 23, 1993 Council
meeting. At that time, Mr. Urquhart indicated that his properties at 1763 and 1765 Old Mill
Road are ineligible for hook-up to the sanitary sewer and watermain services. Mr. Liddle
indicated that, to the best of his knowledge, there is no reason why Mr. Urquhart could not
make use of these services.
8.Local Improvements- Old Mill Road (Cont'd)
The Committee directed Mr. Liddle to provide a copy of his report to Mr. Urquhart.
9. Local Improvement Work - West Acres Crescent
Councillor G. Lorentz advised that this matter was last considered by the Committee on August 16,
1993 and deferred at that time so that he could meet with staff on site. Councillor Lorentz now
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advised that City staff are working in the area to overcome existing problems. Councillor
Lorentz advised that, if necessary, he would report further to the Committee at a future date.
10. Projects in Proqress
This informational report from the Engineering Division of the Public Works Department was
received by the Committee.
11. Kitchener Transit Cards - Student Fares
Councillor J. Ziegler advised that he was contacted by a resident who expressed concern that her
son was refused a student fare on Kitchener Transit because he did not have a Kitchener
Transit Photocard even though he had a Student I.D. Card from his High School. In this regard,
it was the view of Councillor Ziegler that steps should be taken so that Kitchener Transit would
recognize a School I.D. Card and allow the payment of a student rate.
Mr. W. Beck appeared before the Committee and pointed out that each High School has a different
coloured identification card which makes it difficult for the driver to be sure that the individual
involved is attending a High School in this area. It was also noted that Kitchener Transit
employees go to each High School and take the necessary photographs for the Transit card. It
was also noted that the existing policy has been in place and has worked well for several years,
however, complaints are received early in the school year on an annual basis.
The Committee was advised that Kitchener Transit has the right to confiscate a Transit photocard if it
is misused, however, a Student Identification Card received from the High School costs
approximately $40.00 to $50.00 and this could not be confiscated by Kitchener Transit.
Following further discussion and on motion by Councillor J. Ziegler -
it was resolved:
"That Kitchener Transit contact representatives of the local School Boards to determine whether or
not it may be possible to develop a Student Identification Card which could be used for
school and Kitchener Transit purposes."
12.Adjournment
On motion, the meeting adjourned at 11:15 a.m.
L.F. Parkhouse, AMCT
Deputy City Clerk