Community and Infrastructure Services

Committee Minutes

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Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
Present:
  • Mayor B. Vrbanovic
  • Councillor S. Davey
  • Councillor D. Schnider
  • Councillor J. Deneault
  • Councillor C. Michaud
  • Councillor A. Owodunni
  • Councillor P. Singh
  • Councillor B. Ioannidis
  • Councillor M. Johnston
  • Councillor D. Chapman
  • Councillor A. Clancy
Staff:
  • D. Chapman, Chief Administrative Officer
  • M. May, General Manager, Community Services and Deputy Chief Administrator
  • V. Raab, General Manager, Corporate Services
  • J. Readman, General Manager, Development Services
  • D. McGoldrick, General Manager, Infrastructure Services
  • E. Riek, Project Manager, Development Engineering
  • D. Saunderson, Deputy Clerk
  • M. Mills, Committee Administrator

The Community and Infrastructure Services Committee held a meeting this date commencing at 5:03 p.m.

Councillor C. Michaud declared a pecuniary interest with respect to Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report, DSD-2022-188 due to a family member owning property within the vicinity of the subject property and did not participate in any voting or discussion on the matter.

The Committee considered Development Services Department report DSD-2023-023, dated January 12, 2023, recommending approval of a parking prohibition on the north side of Briar Knoll Drive from a point of 68m west of Calmcrest Drive to a point 29 meters west.

On motion by Councillor S. Davey

  • it was resolved:

    "That the Uniform Traffic and Parking Bylaw be amended to prohibit parking on the north (even-numbered) side of Briar Knoll Drive from a point 68 m west of Calmcrest Drive to a point 29 meters west thereof, as outlined in Development Services Department report DSD-2023-023."

    Carried

The Committee considered Community Services Department report CSD-2023-008, dated January 30, 2023, authorizing the Mayor and Clerk to execute an agreement with Ontario Health for the Multi-Sector Service Accountability Agreement, and authorizing the CAO or the Deputy CAO of Community Services to execute documentation relating to compliance, reporting and operational matters.

On motion by Councillor S. Davey

  • it was resolved:

    "That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with Ontario Health for the Multi-Sector Service Accountability Agreement, as outlined in Community Services Department report CSD-2023-008; and further,

    That the CAO or the Deputy CAO of Community Services be authorized to execute the necessary documentation relating to compliance, reporting, and operational matters required by the Multi-Sector Service Accountability Agreement between The Corporation of the City of Kitchener and Ontario Health."

    Carried

The Committee considered Development Services Department report DSD-2023-058, dated January 27, 2023, recommending approval of an amendment to the Municipal Code to include the Site Alteration By-law Chapter 633 (Fill - Dumping Alteration of Grade) as outlined in Attachment 'A'.

On motion by Councillor S. Davey

  • it was resolved:

    "That Chapter 633 (Fill - Dumping Alteration of Grade) of the City of Kitchener Municipal Code be amended to include the Site Alteration By-law as outlined in Attachment 'A' of Development Services Department report DSD-2023-058."

     Carried

Councillor C. Michaud exited the meeting at this time and did not participate in any discussion or vote regarding this matter due to her previously declared conflict.

The Committee considered Development Services Department report DSD-2022-188 recommending Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report (ESR), prepared by BT Engineering dated January 18, 2023, be received and be filed with the Ministry of the Environment Conservation and Parks (MECP) for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act. Written Submissions were received from Alice N., Eugen N. and P. Britton.

E. Riek, introduced the project and noted a Schedule C Municipal Class Environmental Assessment was conducted for the extension of Biehn Drive from its current terminus to the future Robert Ferrie Drive Extension.

S. Taylor, the City's Engineering Consultant explained that, the project is required to evenly distribute traffic to the arterial road network, improve access for emergency services, and to provide a sanitary and water service corridor. S. Taylor noted that Community Plans for the Doon South and Brigadoon areas have established the need for the extension of Biehn Drive which has also been documented in the City's Official Plan and Transportation Master Plan. S. Taylor presented alternative design options that do not require the extension of Biehn Drive as requested by members of the community and noted alternative 1 scored the highest. S. Taylor noted that infrastructure is exempted from development in wetlands where it is implemented through an Environmental Assessment. Lastly, S. Taylor noted at field work completed by BT Engineering and WSP Canada group did not identify any Species at Risk within the wetlands at Biehn Drive.

P. Britton noted the owners of the subject land where the extension is proposed to be constructed are in support of the staff recommendations. P. Britton noted, Biehn Drive is part of an integrated transportation system of roads, trail and pedestrian connections that serves three to four communities in the South end of Brigadoon. P. Britton noted the elimination of the Biehn Drive extension would lead to increased traffic in the surrounding communities, limit the extension of transit services and negatively impact emergency response times. It was noted that although Biehn Drive is currently terminates as a cul de sac, many of the City's Official Plans have always indicated Biehn Drive would be extended to connect to Strasburg Road. P. Britton noted, great environmental protections have been considered if this project is to move forward.

B. Bender-Vergas noted many residents are against the Biehn Drive extension as its' construction requires the removal of a provincially significant wetland. B. Bender-Vergas requested that the Committee defer this item until Robert Ferrie Drive is connected to Strasburg Road and at that time, a new transportation study be conducted. B. Bender-Vergas submitted a petition and noted it contains over 500 signatures of community members who are of the same opinion that the Biehn Drive extension be deferred.

J. Arruda spoke to traffic concerns noting the Biehn Drive extension is proposed to support with even distribution of traffic on arterial roads. J. Arruda presented various studies and reports, indicating that Robert Ferrie Drive, Biehn Drive, Carryndale Road, Templewood/Marl Meadow currently do not have a high volume of traffic. J. Arruda was of the opinion that the Biehn Drive extension is unnecessary for traffic redistribution as the subject roads affected by this project are not overutilized.

K. Kuzyk was of the opinion that the lack of roads leading West of the Doon South Community is the cause of increased traffic volume on Carryndale Road and Biehn Drive. K. Kuzyck noted, roads to constructed in the future such as Robert Ferrie Drive will help to divert traffic volume. Further, the future Harthwood Hills development includes the construction of new arterial roads that will access Strasburg Road and Robert Ferrie Drive, meaning the proposed Biehn Drive extension will be redundant K. Kuzyk encouraged the Committee to defer the Biehn Drive extension until Robert Ferrie Drive is connected to Strasburg Road.

M. Funck noted the proposed extension would disturb groundwater and have a direct impact on  Strasburg Creek where Brook Trout reside. It was noted once cold water stream is removed by the proposed extension, Brook Trout will not return to Strasburg Creek. M. Funck explained the ecology of groundwater recharge noting it cannot be replaced once disrupted. M. Funck also noted that there would be a disruption to tree canopy and shade. M. Funck urged the Committee to take into consideration the environmental impacts of the proposed Biehn Drive extension especially in a time of Climate Crisis.

T. O'Connor urged the Committee to consider the voice of the Community noting the proposed development disrupts protected wetlands and wildlife. T. O'Connor encouraged the Committee to defer the proposed Biehn Drive extension until Robert Ferrie Road is extended to Strasburg to allow for updated traffic studies to be conducted. T. O'Connor noted civic engagement and politics have the power to make decisions that protect the environment.  

J. Vandonk noted the wetlands at the Biehn Drive are provincially significant wetlands. J. Vandonk distributed a newspaper article to the Committee that outlines research indicating small wetlands play a significant role in water conservation.

F. Moffat presented directional drilling as an ideal solution to providing clean water and sanitation without disrupting the provincially significant wetlands or ward pond.

Councillor S. Davey, Councillor P. Singh and Councillor A. Owodunni left the meeting at this time.

Councillor S. Davey re-entered the meeting at this time.

S. Fallows presented a submission from C. Bluhm, a video displaying the nature in the neighbourhood affected by the proposed Biehn Drive and Sanitary Sewer extension.

G. Michalenko cited examples of projects where wetlands were disrupted to develop communities however led to unexpected negative consequences such as flooding, despite the stormwater retention plans put in place. G. Michalenko noted much of the implications of disrupting the wetlands at Biehn Drive are unknown thus encouraged the Committee not to move forward with this project.

Councillor P. Singh and Councillor A. Owodunni re-entered the meeting at this time.

In response to questions from the Committee, E. Riek noted the requests of delegates to defer the Biehn Drive extension until Robert Ferrie Drive is constructed is alternative 4, as outlined in the Environmental Study however, this alternative scored a lot lower than the preferred alternative. It was also noted that Biehn Drive is funded by development charges whereas Robert Ferrie Road is developer built. For this reason, services would have to be extended prior to considering the potential effects of the construction of Robert Ferrie Drive. S. Taylor noted technical studies will be conducted after clearance of the environmental assessment and will address many of the delegations concerns. S. Taylor also noted that based on public input, the location of the alignment was moved far east, to the edge of the wetlands and the footprint of roadway was minimized to be as small as possible. Further, traffic study forecasts indicate that the traffic corridor surrounding Biehn Drive is expected to carry higher volumes for the communities it serves. J. Readman also noted sewer connections are required for the future community in this area and that implementing the road construction in phases present greater risks including but not limited to higher costs, sediment run-off, erosion.

Councillor S. Davey re-entered the meeting at this time

J. Readman noted, extending services without constructing a roadway was an alternative considered however, roads are required in order to ensure there is maintenance access. It was also noted that there is an ongoing issue with fire response at Biehn Drive as this road is longer than the permitted length of a cul de sac.

In response to questions from the Committee regarding groundwater displacement and the impact on flooding, S. Taylor noted geotechnical investigations are yet to be conducted however it is expected that the Biehn Drive extension will not increase flooding. It was noted preliminary environmental studies have been conducted however more detailed studies are required for the next phase of the project. E. Riek noted the subject Environmental Assessment is required to advance the draft Plan of the Robert Ferrie Drive. S. Taylor also noted directional drilling is being considered in the next phase of the project to understand how this alternative may minimize effects to the wetlands.

In response to questions from the Committee regarding consultation with Indigenous communities, S. Taylor noted several Indigenous communities were contacted and the Six Nations Community participated in reviewing the corridor. The Six Nations community indicated support for the project if water quality is protected, mitigation for the loss of trees is provided and beneficial elements of design that allow the cul de sac to be reduced and reinstated as a provincially significant wetland.

E. Riek spoke to the Committee's suggestions regarding the reduction of the footprint of the road through the wetlands by replacing the required sidewalks with multi-use trails and noted this alternative would require multiple pedestrians sidewalks which introduces safety concerns. Further, J. Readman noted the City's sidewalk infill policy requires sidewalks on both sides of streets. Given Biehn Drive is a major collector street, removing sidewalks would limit transportation services that will be required in the future. 

In response to questions about how encroachment onto wetlands can be prevented in the future, J. Readman noted the Official Plan balances the requirement for development and mitigating adverse impacts on nature hence the environmental assessment. 

The Committee inquired about the impacts of salting the proposed roads during winter maintenance and the impacts of run off into streams and wetlands. In response, S. Taylor noted water run-off will be diverted to stormwater sewage to be treated and mitigate the adverse impacts.

J. Readman noted Staff would come to the Committee with further information about the Wards Pond project. Further, the Committee requested Staff provide information regarding the impacts of the proposed project on future development and housing supply.

In response to questions regarding alternative connection areas for the Sanitary Trunk connection, E. Riek noted sanitary sewers follow the lowest land elevation and that there is already a trunk sewer already exists at Biehn Drive. It was noted an alternative to avoid the extension of the sewer trunk would be to build a new pumping station. It was noted other existing sewer connections in the project study area do connect with Biehn Drive.

Councillor J. Deneault exited the meeting at this time.

In response to questions from the Committee, P. Britton noted alternative 4 is the most effective option for the proposed sanitary trunk sewer extension in order to access lands in the South. Otherwise, a new pumping station would have to constructed which will be an ongoing cost to the City of Kitchener. Lastly, diverting roads to Robert Ferrie Drive would require the removal of multiple residential sites. 

Councillor J. Deneault re-entered the meeting at this time.

A motion was brought forward by Mayor B. Vrbanovic to defer consideration of the Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) to allow staff the opportunity to review further information regarding the scoring for alternative 4 outlined in the Environmental Assessment; the traffic demand needs for the community; alternative servicing and construction options; additional environmental impacts such as flooding and salt contamination; impacts on future development and housing supply; and, future construction of Robert Ferrie Drive is required prior to the Committee rendering a decision on the proposed Environment Assessment.

On motion by Mayor B. Vrbanovic

  • it was resolved:

    "That the following motion be deferred to the March 20, 2023 Council Meeting to allow an opportunity to further review the scoring for alternative 4 outlined in the Environmental Assessment; the traffic demand needs for the community; alternative servicing and construction options; additional environmental impacts such as flooding and salt contamination; impacts on future development and housing supply; and, future construction of Robert Ferrie Drive:

    "That the Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report (ESR), prepared by BT Engineering, dated January 18, 2023, be received; and,

    That the Biehn Drive and Trunk Sanitary Sewer Extension Environmental Study Report (ESR), be filed with the Ministry of the Environment Conservation and Parks (MECP) for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act, as outlined in Development Services Department report DSD-2022-188."

On motion, this meeting adjourned at 7:31 p.m.

Marilyn Mills
Committee Administrator