REQUEST FOR DECISION
DATE: June 22, 2020 Report No. EPW-20-014
TO: Laurie Hurst, Chief Administrative Officer
FROM: Jeff Miller, Director of Engineering and Public Works
SUBJECT:
Title
Boulevard Alteration Permit - 937 Mesher PlaceEnd
RECOMMENDATION:
Recommendation
That Council approve the Boulevard Alteration Permit No. 00044 as outlined in Staff Report No. EPW-20-014, to construct a stairway at 937 Mesher Place with the cost of the stairway replacement and any additional modifications being at the expense of the property owner of 937 Mesher Place.
Body
RELEVANT POLICY:
Boulevard Maintenance Bylaw, 2015, No. 2860
Council Policy No. E&PW-02 - Guide to Boulevard Modifications
STRATEGIC RELEVANCE:
Excellence in Public Service - Engage, respect, and respond to the needs of our community.
BACKGROUND:
The boulevard in front of 937 and 933 Mesher Place is very large compared to other boulevard sections due to the topography and road layout. There is a significant difference in elevation between the edge of road and the property line of 937 Mesher Place. As well the two lots do not have a clear defined border with the boulevard. This has lead to the assumption from both lots that they have more responsibility and ability to alter the boulevard. In November of 2013, the Township exerted its control of the boulevard by the removal of all plantings and features except driveways.
The November 2013 removal included a stairway that crossed the municipal boulevard to provide pedestrian access from the street to the front door of 937 Mesher Place. The stairway was constructed of concrete tiles, wood and gravel. The concrete tiles and wood (where salvageable) were returned to 937 Mesher Place once removed. This stairway did not have any railings.
The resident at 937 Mesher Place has requested that the stairs be reinstated close to their original location. The resident was directed to produce a design (Attachment No. 1) and generate a cost estimate. In accordance with the Township Guide to Boulevard Modifications, a copy of the proposed stairway design was circulated to the other houses on Mesher Place for their feedback.
A petition was sent to eight homes on Mesher Place. Due to the COVID-19 pandemic, the petition was sent by the Township to the residents in a letter requesting the recipient to send an email to Engineering with their concerns. Residents who did not respond to the petition were deemed to have consented by default.
Of the eight homes that were polled:
• Four sent positive responses
• Three consented by default by not providing a response
• One in a negative response
Seven out of eight positive responses effectively meets the requirement of 90% positive responses required by the Township Guide to Boulevard Modifications (Attachment No. 2).
ISSUES:
1. Rationale for Selected Option
With respect to 937 Mesher Place, the resident feels that removal of the stairs in 2013 was in error and that the Township should be responsible for the cost to reinstate this feature across the boulevard. While the Township allows the installation of driveways, sidewalks and stairs across the boulevard in order for the lot owner to access their property from the road, these types of structures are paid for and maintained by the lot owner.
Due to the need to re-establish Township control over the boulevard and to address neighbourhood concerns, the stairs along with plantings and imported soil were removed first by the owners of the two lots, with the remaining items being removed by the Township. All of these items had been placed in the boulevard by the owners of 933 and 937 Mesher Place at their expense.
After the removal of the items, pedestrian access to each lot was achieved by using the existing driveways. While the grade on 937 Mesher Place driveway is on the steeper side, it is still an all-weather access surface and can function as a pedestrian pathway as well as for vehicular traffic.
Staff recommends that the replacement of the original stairs be approved as per the Township Guide to Boulevard Modifications. The cost for the replacement and any additional modifications (i.e. railings) would be at the 937 Mesher Place expense.
2. Organizational Implications
The issuing of the boulevard alternation Permit will not have any significant organization implications.
3. Financial Implications
The lot owner of 937 Mesher Place was directed in 2019 to undertake the completion of replacement stairway design and obtain a cost estimate for the proposed stairs. This work was undertaken and these costs presented to the Township. The lot owner had also costed the addition of railings to the design, as the lot owner felt that this was a safer design.
The costs are detailed below.
• The cost for the stairway to meet the original design is $13,000.
• The cost for the railing that enhances the original design is $5,000
• Contingency is approximately $2,000
• Total cost of original/enhanced design is $20,000
If Council provides direction that the Township will be paying these costs, the cost of this work would removed from the 2020 operational budget, which would impact operations and maintenance activities related to sidewalks.
4. Sustainability & Environmental Implications
There are no environmental implications to this proposal.
5. Communication & Engagement
Once Council provides direction, the lot owner of 937 Mesher Place will be notified of the approval of the boulevard alteration permit for the installation and maintenance of the stairway.
ALTERNATIVES:
1. That Council approve the Boulevard Alteration Permit as outlined in Staff Report No. EPW-20-014, to construct a stairway at 937 Mesher Place with the cost of the stairway replacement and any additional modifications being at the expense of the property owner of 937 Mesher Place.
2. That Council approve Boulevard Alteration Permit for 937 Mesher Place to construct stairway with cost of the stairway being at the expense of the Township and the cost of railings being at expense of 937 Mesher Place:
3. That Council approve Boulevard Alteration Permit for 937 Mesher Place to construct a stairway with the cost of the stairway and additional railings being at the expense of the Township.
4. That Council does not approve Boulevard Alteration Permit for 937 Mesher Place.
5. That Council provides alternative direction to Staff.