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HomeMy WebLinkAboutPublic Works - 2001-06-25PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001CITY OF KITCHENER The Public Works and Transportation Committee met this date commencing at 8:40 a.m., Chaired by Councillor J. Smola, with the following members present: Councillors C. Weylie, M. Galloway and G. Lorentz. Mayor C. Zehr and Councillor J. Ziegler were in attendance for part of the meeting. Officials Present:Ms. P. Houston, J. Billett and Messrs. G. Sosnoski, S. Gyorffy, J. Shivas, H. Gross, D. Quinn, K. Carmichael and R. Shirm. CRPS-01-100 -LOCAL IMPROVEMENT PETITIONS - DRUMMOND DRIVE 1. -SANITARY SEWER AND CONNECTIONS -WATERMAIN AND CONNECTIONS -CLASS III PAVEMENT The Committee was in receipt of Corporate Services Department report CRPS-01-100, dated June 21, 2001, recommending that the petition of Mr. Ivan Biuk for construction of local improvement works on Drummond Drive be granted. The work proposed includes sanitary sewer and connections on both sides of Drummond Drive from 45 m north of Amherst Drive to Old Mill Road; watermain and connections on both sides from Amherst Drive to Old Mill Road; and, Class III Pavement on both sides from Amherst Drive to the end of the cul-de-sac. Mr. B. Kowalchuck appeared on behalf of Mr. Biuk in support of the staff recommendation, pointing out that the required 2/3 signatures of property owners was achieved and requested that Council allow the petition to go forward. Councillor M. Galloway questioned if Mr. Biuk’s past history of non-compliance with City by-laws had been taken into consideration in recommending approval of the petition. Mr. G. Sosnoski advised that requirements for local improvement petitions are clearly outlined in the Local Improvement Act and were followed by staff in consideration of this petition. He indicated that consideration of an applicant’s past history is not a requirement and would not have likely been taken into account. Mayor C. Zehr entered the meeting at this time. In response to Councillor C. Weylie, Mr. Kowalchuck advised that Mr. Biuk proposes to develop 4 houses on Drummond Drive, and there is potential for 3 more houses to be developed by Mr. Ferraz on the opposite side of the road. He stated that the Ontario Municipal Board had approved the lots proposed by Mr. Biuk and made allowance for the potential development by Mr. Ferraz in its decision. Councillor J. Ziegler entered the meeting at this time. Mr. R. Martin appeared as a delegation and advised that he was the owner of 20 Pinnacle Drive and, while his property is not being assessed with respect to the local improvement petition, had concern that the street is only being constructed so that Mr. Biuk can develop the 4 proposed homes. He stated that affected property owners could request exemption from the local improvement levy through the Court of Revision, leaving the City to pay the majority of costs for the road construction. Mr. M. Ferraz, owner of 1941 Old Mill Road, appeared as a delegation and expressed concern that issues relative to proper grading have not been dealt with and, while he is not opposed to the construction of Drummond Drive, is requesting all matters of concern be resolved firstly. In response to Councillor Weylie, Mr. Ferraz stated that he has not been able to resolve issues of land exchange with Mr. Biuk. He pointed out that a building permit had been erroneously issued to Mr. Biuk for a property for which he is also part owner and, together with issues of grading, reiterated his desire to have all matters of concern resolved prior to the construction of Drummond Drive. Mr. P. Aqualina appeared as a delegation and advised that he was the owner of 1857 Old Mill Road. He pointed out that, while 2/3 majority of land owners had signed the petition, most were PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 55 -CITY OF KITCHENER CRPS-01-100 -LOCAL IMPROVEMENT PETITIONS - DRUMMOND DRIVE 1. -SANITARY SEWER AND CONNECTIONS -WATERMAIN AND CONNECTIONS - CLASS III PAVEMENT (CONT’D) inter-connected being Ivan Biuk Construction, Mr. Biuk himself, his daughter and his son-in-law. Mr. Aqualina expressed the opinion that he will not directly benefit from the road construction and it may result in loss of his well water. He also expressed concerns relative to grading, suggesting that the current slope will result in top soil washing down into Mr. Ferraz’s land. In the event the petition is allowed to go through, he asked that Council ensure the road allowance is equally centered and that any surplus landfill be offered to surrounding property owners. In response to questions, Mr. S. Gyorffy advised that the Act requires signatures of 2/3 of the abutting land owners and the assessed value of the land they own must equal 50% of the total assessed value of the lands involved; the issue of lotting will be reviewed by staff to determine financing of services; any inspection of land under the building permit process would be the responsibility of the Building Division; and, Drummond Drive is eligible under the local improvement process because it has been historically shown as an existing street on older plans of subdivision. In response to Councillor J. Ziegler, Mr. Kowalchuck advised that Mr. Biuk owns several parcels of land in the Doon area and remains active in the construction business. He stated that while Mr. Biuk experiences negative reaction to his activities, he tries to work within the laws and City by- laws and will continue to do so. Mr. Kowalchuck pointed out that he has attempted to meet with Mr. Ferraz on behalf of Mr. Biuk to discuss the proposed development and is prepared to meet with all neighbours to resolve their concerns. He further advised that the proposed lots are intended to be sold and Mr. Biuk would consider offers to purchase from his neighbours should they be interested. In response to Councillor M. Galloway, Mr. J. Shivas advised that the requirements under the Act had been met and it would be difficult for Council to deny approval of the petition. He pointed out that denying approval may result in an appeal to the Courts or the Ontario Municipal Board putting Council in a position to defend its action. Mr. Shivas stated that this would prove to be difficult and the City may be at risk of incurring legal costs. He further pointed out that the area has already been through the subdivision process and this matter is more appropriately addressed under the local improvement legislation. Mr. Shivas also advised that the Act makes provision for the City to share in a portion of the cost and reviewed the exemption criteria, noting the most common relates to flankage on corner lots. Mayor C. Zehr expressed the opinion that an equitable distribution of costs should be derived; however, noted this would be difficult given the two land owners are unable to come to an agreement relative to the issue of land exchange. Councillor J. Ziegler agreed that the City should not pay the majority of the costs; however, pointed out that the alternative of denying the petition would result in an appeal and this may ultimately cost the City more. On motion by Councillor J. Ziegler, the recommendation contained in the staff report was brought forward for consideration. Following further discussion with regard to the exemptions, Councillor C. Weylie requested that the motion of Councillor Ziegler be deferred and referred to the July 3rd Council meeting. She further requested that information be provided relative to the assessed value of the properties affected. Councillor Lorentz requested staff to provide an opinion with respect to Council’s responsibility under the Local Improvement Act in the granting of the petition. Councillor J. Ziegler agreed with the request to defer and commented that this would provide an opportunity for Mr. Biuk and Mr. Ferraz to discuss issues of concern and possibly reach an agreement. On motion by Councillor J. Ziegler – it was resolved: PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 56 -CITY OF KITCHENER CRPS-01-100 -LOCAL IMPROVEMENT PETITIONS - DRUMMOND DRIVE 1. -SANITARY SEWER AND CONNECTIONS -WATERMAIN AND CONNECTIONS -CLASS III PAVEMENT (CONT’D) deferred and “That the following recommendation contained in staff report CRPS-01-100 be referred to the July 3, 2001 Council meeting for consideration: ‘That Council grant the petitions of Mr. Ivan Biuk, et al for construction of the following local improvement works on Drummond Drive: · Sanitary Sewer and Connections on both sides, from 45 m north of Amherst Drive to Old Mill Road · Watermain and Connections on both sides, from Amherst Drive to Old Mill Road · Class III Pavement on both sides, from Amherst Drive to the end of the cul-de-sac.’; and further, That staff provide information relative to the assessed value of the affected properties and the legalities of Council’s responsibilities with respect to local improvement petitions under the Local Improvement Act.” PW-01-067 – ANNUAL FALL LEAF COLLECTION PROGRAM 2. The Committee was in receipt of Public Works Department report PW-01-067, dated June 19, 2001, recommending that the Annual Fall Leaf Collection Program be continued, commencing October 15 to November 23, with loose leaf collection to be provided only on designated streets and bagged leaf collection provided throughout the City, both at designated intervals. In addition, 4 drop off locations are proposed. Mr. S. Gyorffy advised that staff are proposing a change to the program this year by focusing loose leaf collection only in the core area with the remaining outer limits required to bag their leaves. He further pointed out that this approach will be in keeping with the Region’s Yard Waste Program to be offered in 2002. Councillor G. Lorentz questioned if exemptions would be made for streets outside of the proposed loose leaf collection area that are located in heavily wooded areas. Mr. Gyorffy advised that the designated area for loose leaf collection is based on staffs’ past experience in collecting leaves and only residents receiving a flyer will be permitted to rake leaves to curb side. The issuance of a flyer allows the program to be flexible. Streets outside the designated area could be assessed, case by case, with residents provided with the flyer should the street be considered eligible. Mayor C. Zehr raised concern that residents who do not receive flyers and who are not within the designated area would continue to rake leaves to curb side. In this regard, he questioned how staff intended to promote changes to the program and when promotion would begin. Mr. Gyorffy stated that public acceptance of the change would take time and staff are planning to undertake educational promotion; however, this has yet to be developed. Mayor Zehr expressed the opinion that it was important for staff to be proactive in promoting changes to the program and suggested that an educational communications plan be developed for implementation by September 1. On motion by Mayor C. Zehr– it was resolved: “That the Annual Fall Leaf Collection Program be provided from October 15 to November 23, 2001, with loose leaf collection to be provided only on designated streets on a tri- weekly basis and bagged leaf collection to be provided throughout the City on a bi-weekly basis; and, PW-01-067 – ANNUAL FALL LEAF COLLECTION PROGRAM (CONT’D) 2. PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 57 -CITY OF KITCHENER That drop-off opportunities be provided in the following four locations for the convenience of residents: · Utilities Operation Centre – off Elmsdale Drive · Bramm Street Yards · Breithaupt Centre · Stirling Avenue at the Auditorium Complex; and further, That staff prepare a detailed communications plan to be implemented by September 1, 2001 for the purpose of educating the public.” PW-01-056–SCHOOL PEDESTRIAN SAFETY 3. –ADULT CROSSING GUARD –ZELLER DRIVE / OLDFIELD DRIVE AND LACKNER BOULEVARD The Committee was in receipt of Public Works Department report PW-01-056, dated June 19, 2001, recommending that an Adult Crossing Guard be established at the intersection of Zeller Drive and Oldfield Drive, as well as Zeller Drive and Lackner Boulevard. The report is in response to a request from the Waterloo District School Board to review the intersection of Zeller Drive and Lackner Boulevard for purposes of school pedestrian safety. Councillor J. Smola advised that Councillor B. Vrbanovic had communicated a request to amend the recommendation contained in the staff report to include further study of traffic counts and speeding for the intersections of Ottawa Street North at Montcalm Drive and Zeller Drive at Lackner Boulevard, with a report to be provided to the Public Works and Transportation Committee at its last meeting in October. On motion by Councillor J. Ziegler – it was resolved: “That an Adult Crossing Guard location be established at the intersection of Zeller Drive / Oldfield Drive and Lackner Boulevard, effective September 4, 2001; and, That the Operating Budget be adjusted to reflect an over expenditure of $3,000.; and further, That staff undertake further study of traffic counts and speeding relative to the intersections of Ottawa Street North at Montcalm Drive and Lackner Boulevard at Zeller Drive, with a report to be provided at the October 29, 2001 Public Works and Transportation Committee meeting.” PW-01-068-CLASS ENVIRONMENTAL ASSESSMENT MASTER PLAN SERVICING STUDY 4. WASTER WATER STORAGE FACILITES - OTTAWA / MANCHESTER / MONTGOMERY TRUNK SANITARY SEWER - SYSTEM The Committee was in receipt of Public Works Department report PW-01-068, dated June 19, 2001, recommending approval of the Class Environmental Assessment Master Plan Servicing Study for Waste Water Storage Facilities for the Ottawa / Manchester / Montgomery Trunk Sanitary Sewer System. Mayor C. Zehr commented that this study had been undertaken to determine capacity needs in anticipation of future growth on the east side of the City and in part of Breslau. He referred to the proposed storage facilities and questioned how they would function. Mr. H. Gross responded that the 2 proposed stations, Grand River South and Manchester, would be used in part to monitor wet weather flow rates. In response to additional questions, Mr. Gross advised that the monitoring facilities would not have been required if the Grand River Trunk Sewer had been developed on the east side; the funding for the storage facilities will be taken from PW-01-068-CLASS ENVIRONMENTAL ASSESSMENT MASTER PLAN SERVICING STUDY 4. WASTER WATER STORAGE FACILITES - PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 58 -CITY OF KITCHENER OTTAWA / MANCHESTER / MONTGOMERY TRUNK SANITARY SEWER - SYSTEM (CONT’D) development charges; and, a Cross Boarder Agreement with the Township of Woolwich provides for reimbursement of funds to the City on a per lot basis, as well as on-going costs based on per litre of flow. On motion by Councillor G. Lorentz – it was resolved: “That Council approve the Class Environmental Assessment Master Plan Servicing Study for Waste Water Storage Facilities for the Ottawa / Manchester / Montgomery Trunk Sanitary Sewer System Study, as presented at the Public Information Centres on October 4, 2000, December 20, 2000 and April 18, 2001; and further, That the Class Environmental Assessment Master Plan Servicing Study for Waste Water Storage Facilities report for this project be filed with the City Clerk for the mandatory 30 day public review period.” PW-01-071-UNIFORM TRAFFIC BY-LAW AMENDMENT 5. -ROAD DESIGNATIONS FOR HEAVY TRUCKS The Committee was in receipt of Public Works Department report PW-01-071, dated June 20, 2001, recommending that Schedule 20 of the Uniform Traffic By-law be amended to designate various municipal streets as “Heavy Trucks Permitted”. The report details comparison of truck route maps with information contained in Schedule 20 of the By-law during which it was discovered the Schedule contains erroneous information. The conflicting information is primarily the result of the renaming of certain roadways. Councillor J. Smola raised concern with respect to noise created by trucks using air brakes and questioned what steps are being taken to prohibit their use within City limits. Mr. K. Carmichael advised that he would review this matter and provide Council with a response. Mayor C. Zehr further commented that he was of the understanding that the Province would not agree to take action in this regard because of the potential liability. In response to Councillor C. Weylie, Mr. Carmichael clarified that the portion of Union Boulevard to be designated is located between Belmont Avenue and the north City limit, being that portion of King Street toward Waterloo. On motion by Mayor C. Zehr – it was resolved: “That the following roads be designated as ‘Heavy Trucks Permitted’ under the City of Kitchener Uniform Traffic By-law No. 2000-159, Schedule 20, Part XVII, Section 1 - Heavy Trucks Permitted: · Guelph Street – Riverbend Drive to Sereda Road · Huron Road – Trussler Road to Fischer-Hallman Road · Riverbend Drive – Wellington Street to Guelph Street · Union Boulevard – Belmont Avenue to north City limit · Wellington Street – Lancaster Street to Riverbend Drive; and further, That the Uniform Traffic By-law be amended accordingly.” PW-01-072–COAL TAR REMOVAL 6. – LOCUST STREET BETWEEN FREDERICK STREET AND MANSION STREET PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 59 -CITY OF KITCHENER The Committee was in receipt of Public Works Department report PW-01-072, dated June 20, 2001, recommending that the coal tar found under Locust Street between Frederick Street and Mansion Street be removed and disposed of in accordance with Ministry of Environment regulations. The report details the discovery of coal tar resulting from reconstruction of Locust Street and the actions taken by staff to date to deal with this matter. Mr. H. Gross advised that he had received an update from Trow Consulting this date in which they advised that the coal tar is not leachate toxic. Accordingly, this will permit disposal at a landfill site in closer proximity than first anticipated. He advised that as a result, disposal costs will be between $150,000. to $200,000., rather than the initial estimate of $250,000. In addition, he advised that a Health and Safety Plan had been received and forwarded to the Regional Health Unit for review. Mr. Gross stated that Trow Consulting will monitor removal to ensure health and safety concerns are addressed and the duration of the clean-up is expected to take between 3 to 5 days. In response to questions, Mr. Gross advised that in the past 30 years only two other locations were found to have coal tar deposits and he did not believe its use is widespread throughout the municipality. He pointed out that if core testing is undertaken prior to construction work commencing, the presence of coal tar should be detected and could then be acted upon. He stated that the reason coal tar was not detected during core testing for the Locust Street reconstruction project was because the testing had been conducted during winter months and, in its frozen state, the coal tar resembled asphalt. On motion by Mayor C. Zehr – it was resolved: “That coal tar found under Locust Street between Frederick Street and Mansion Street be removed and disposed of in accordance with Ministry of Environment regulations.” FIN-01-013 – UTILITIES APPLIANCE WARRANTY PROGRAM - TENDER 7. The Committee was in receipt of Utilities Division report FIN-01-013, dated June 19, 2001, recommending that a tender call be authorized to implement an Appliance Warranty Program through a third party underwriter. Mr. D. Quinn advised that the City’s customers have requested guarantee of their furnace following inspection through a warranty program. He pointed out that similar programs have been offered by Union Gas and Consumers Gas; however, staff have been reluctant to provide this service because of the financial risk associated with underwriting this service. Further investigation suggests that tendering for a third party provider, who would be responsible for insuring the appliance following inspections by Utilities staff, will allow this service to be added with marginal profits to be gained through warranty rates and the cost of inspection. On motion by Councillor G. Lorentz – it was resolved: “That the Utilities Division be authorized to issue a tender call to implement a Utilities Appliance Warranty Program through a third party underwriter.” PW-01-070-UNSIGNALIZED INTERSECTIONS 8. -RECOMMENDED SIGNAL INSTALLATION LOCATIONS PW-01-043-TRAFFIC CONTROL – LACKNER BOULEVARD PW-01-060-TRAFFIC CONTROL – BLEAMS ROAD The Committee was in receipt of Public Works Department report PW-01-070, dated June 19, 2001, recommending installation of traffic control signals for the intersections of Bleams Road at Century Hill Drive and Lackner Boulevard at Keewatin Avenue, and monitoring of additional PW-01-070-UNSIGNALIZED INTERSECTIONS 8. -RECOMMENDED SIGNAL INSTALLATION LOCATIONS PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 60 -CITY OF KITCHENER PW-01-043-TRAFFIC CONTROL – LACKNER BOULEVARD PW-01-060 - TRAFFIC CONTROL – BLEAMS ROAD (CONT’D) intersections for potential traffic signal installation based on a signal warrant being met. The Committee was also in receipt of Public Works Department reports PW-01-043 (Traffic Control – Lackner Boulevard), dated April 12, 2001 and PW-01-060 (Traffic Control – Bleams Road), dated May 30, 2001, previously considered by the Committee at its meeting held on June 4, 2001 and deferred for consideration this date. Mr. K. Carmichael advised that following a review of existing intersections within the municipality where signals have been requested, Bleams Road at Century Hill Drive and Lackner Boulevard at Keewatin Avenue have been established as priority sites. He stated that both are close to meeting traffic warrants and there is particular concern with these intersections as motorists lack alternative exit routes. In response to Councillor M. Galloway, Mr. Carmichael advised that when warrants are met for the intersection of Fischer-Hallman Road and Activa Drive the Region will pay the cost of installing traffic control signals. Councillor C. Weylie requested that the intersection of Westmount Road at Gage Avenue be included in the recommendation to be monitored for potential traffic signal installation as attempts are being made through the Region to encourage heavy trucks to use Gage Avenue rather than Glasgow Street. In response to Mayor C. Zehr, Mr. Carmichael confirmed that installation of the traffic control signals on Bleams Road and Lackner Boulevard would not be undertaken in 2001 but rather referred to the 2002 Capital Budget process. On motion by Councillor J. Ziegler – it was resolved: “That Council approve, in principle, installation of traffic control signals at the following intersections and that the required funding of $160,000. be referred to the 2002 Capital Budget process: · Bleams Road at Century Hill Drive · Lackner Boulevard at Keewatin Avenue; and, That the following intersections be monitored for potential traffic signal installation based on a signal warrant being met: · Fischer-Hallman Road at Activa Drive · Victoria Street at Eastforest Trail / Westforest Trail · Victoria Street at Oprington Drive / Stoke Drive · Courtland Avenue at Siebert Avenue · Westmount Road at Gage Avenue; and, That Council direct Engineering staff to prepare a design of the Bleams Road and Trillium Drive / Thistledown Drive intersection, in conjunction with Regional Engineering Staff, and to implement traffic control signals and the necessary roadway modifications, with the estimated cost of the road modifications to be referred to the 2002 Capital Budget process; and further, That the Waterloo Regional Police be requested to continue enforcement of speeding on Bleams Road and Lackner Boulevard.” INFORMATION ITEMS 9. PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES JUNE 25, 2001- 61 -CITY OF KITCHENER The Committee was in receipt of the following information reports: · PW-01-069 – Stoke Drive Forcemain Repair · FIN-01-015 – Utilities Setback Thermostat Program. In response to Councillor C. Weylie relative to Stoke Drive, Mr. H. Gross advised that the Insurer would deal with all claims should they be received; however, no claims have been received to date and none are expected. In response to Councillor G. Lorentz relative to the Utilities Setback Thermostat Program, Mr. D. Quinn advised that the program is still in the design stage and that staff are planning to develop a communications strategy. Councillor Lorentz further questioned if staff have considered a special banner to be placed on the outside of envelopes to draw the attention of the recipient. Mr. Quinn responded that staff have not directly considered such an approach with respect to this program; however, have in the past used a different envelope than the City standard for such purposes and staff will take this into consideration as part of its communications strategy. ADJOURNMENT 10. On motion, the meeting adjourned at 10:10 a.m. J. Billett, AMCT Committee Administrator