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PUBLIC WORKS & TRANSPORTATION COMMITTEE MINUTES
JUNE 20, 1994
CITY OF KITCHENER
The Public Works and Transportation Committee met this date under the Chairmanship of Councillor J.
Smola with the following members present: Councillors M. Wagner, T. Galloway, G. Lorentz, C. Weylie,
J. Ziegler and M. Yantzi. Mayor D.V. Cardillo was in attendance for part of the meeting.
Others Present:
Councillor C. Zehr, Councillor B. Stortz and Messrs. T. McKay, T. Clancy, J.
Wallace, T. McCabe, W. Beck, D. Snow, D. Mansell, M. Seiling, S. Gyorffy and
G. Sosnoski.
This meeting of the Public Works and Transportation Committee commenced at 10:40 a.m.
1. Deletion of Sidewalk - General Drive
Mr. Richard Macey appeared on behalf of the residents of General Drive who signed the petition,
submitted this date, in opposition to the elimination of a proposed sidewalk on the northern portion
of the southerly leg of General Drive. Mr. Macey advised that the signatories are requesting that
sidewalks be installed in front of every home on General Drive. He noted that the absence of
sidewalks on the inner circle of General Drive could pose a safety hazard to children, and give the
entire development an unfinished look which could have a negative impact on re-sale value. Mr.
Macey also pointed out that every individual who signed the petition purchased their home on the
understanding that sidewalks would be in front of every property in the development, and on their
behalf asked that Council proceed with the plan originally approved by the City.
Mr. David Knapp appeared in support of the request of the owners of Lots 69 to 82 that sidewalks be
eliminated from the frontage of their homes. He pointed out that the partial configuration of
sidewalks proposed for General Drive is identical to a layout in the Mill Park Neighbourhood, where
no safety related incidents involving children have occurred. He noted that all of the property
owners on the inner side of the circle who are affected by the proposal are in agreement that
sidewalks should not be constructed in front of their homes. Mr. Knapp also indicated that a builder
involved with the subdivision had previously indicated that he felt sidewalks were not needed in
front of every home on General Drive.
Mr. Knapp pointed out that the neighbourhood in question is not on a main transportation route and is
very quiet and, on this basis, the sidewalks would be little used. He pointed out that one block from
General Drive there is a through street which has no sidewalks. In response to a comment from
Councillor Lorentz as to the desirability of sidewalks for child safety, Mr. Knapp replied that
Morningside Street and Mill Park Place have no sidewalks, while Mill Park Drive has a sidewalk on
one side of the street only and that there are no reported pedestrian related incidents involving any
of these streets. Mr. Knapp offered the opinion that, at present, there is a sufficient number of
sidewalks in the subdivision and that fewer sidewalks than originally planned would enhance the
natural aspect of the area. Councillor Yantzi pointed out that sidewalks encourage pedestrian
activity and that by not completing the layout as planned, neighbours who presently have sidewalks
would, in effect, be maintaining these for the benefit of the owners of properties where sidewalks
were not constructed.
Ms. Annette Campbell appeared on behalf of Ms. Elaine Macey and in support of the comments
previously made by Mr. Richard Macey.
Ms. Kirsten Martin appeared to request that sidewalks not be constructed on either the frontage or
flankages of Lots 69 to 82. She offered the opinion that there are presently enough sidewalks on
General Drive, pointing out that the street is not a major traffic artery, and that there would be no
significant vehicular traffic once the builders have completed the subdivision. She also suggested
that the safety issue is not as dramatic as was presented here this date.
Mr. Andrew Ellis indicated his support for the request that no sidewalks be constructed on the frontages
and flankages of Lots 69 to 82. He noted that the absence of sidewalks would increase driveway
space and thereby reduce on-street parking and the related safety hazards. He also pointed out
that the absence of sidewalks would enhance the aesthetic appearance of the neighbourhood and
reduce the cost to the City of sidewalk maintenance and repairs. Mr. Ellis argued that property
owners who at present have sidewalks in front of their homes are already
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CITY OF KITCHENER
1. Deletion of Sidewalk - General Drive (Cont'd)
committed to clearing these, therefore increased use by other neighbourhood residents is not a factor.
Mr. Lou Seguin appeared in support of the comments made by Mr. Ellis.
Councillor Wagner asked how the City determines whether sidewalks are required on all sides of the
street. Mr. Mansell replied that in 1978 the City adopted a Reduced Right-of-Way Policy in order to
increase housing space, and as a result sidewalks were deleted from some 16 metre roads subject
to overall road width and their importance as a connecting link. General Drive falls within the
category of 18 to 20 metre roads and, on this basis, requires sidewalks on both sides of the street.
Councillor Yantzi asked why it was necessary to construct sidewalks on the flankages of Lots 69
and 82, and Mr. Mansell replied that a link is required from the standpoint of pedestrian movement.
Councillor Smola pointed out that the provision of sidewalks was also outlined in the subdivision
agreement.
On a motion by Councillor J. Ziegler -
it was resolved:
"That the deletion of a municipal sidewalk across the frontages of Lots 69 to 82, inclusive, of Registered
Plan 1733, be approved, subject to all involved property owners entering into an amending
agreement to be registered on title of the subject lands, with said agreement relieving the
subdivider and the City of Kitchener from any future financial obligations regarding the
installation of a sidewalk, and further,
That no action be taken regarding requests to have a municipal sidewalk eliminated from the flankages of
Lots 55, 68, 69 and 82, of Registered Plan 1733."
The owner of Lot 55 appeared to request clarification as to the impact construction of a sidewalk would
have on her ability to provide off-street parking. Mr. Snow referred to the standard sidewalk
setbacks and indicated that if a vehicle was obstructing the sidewalk the owner would be charged,
however, issuing a ticket would depend on the degree of overhang. Councillor Smola advised that
staff would obtain further information in this regard for the June 27, 1994 Council meeting. Mr.
Mansell indicated that he could provide a sketch showing the City lands relative to Lot 55 and
pointed out that the owner would have the option of widening the driveway to create additional
parking. He also clarified that the sidewalks would be constructed outside of the property lines
shown on the lot layout appended to his report of May 24, 1994.
2.Aliqnment Study for Middle & South Strasburq Creek Trunk Sanitary Sewer
The Committee was in receipt of the Executive Summary prepared by MTE Consultants Inc. relative to
the above alignment study, as well as a recommendation from the Department of Public Works
relative to approval of the preferred alignment.
Mr. Allan Hayes appeared on behalf of MTE Consultants Inc. and summarized the alignment study. He
noted that the study was undertaken in response to impending development, and referred to the
existing conditions as well as the extent of the present sanitary sewer system. Mr. Hayes stated that
the purpose of the study was to develop an appropriate alignment and ensure upstream flexibility.
Mr. Hayes reviewed the study area and the proposed subdivision application by Hallman-Aberdeen
Limited. He outlined the three alternatives developed, including the creek crossing locations, and
addressed a geo-technical cross section. Mr. Hayes advised that the environmental assessment
process has three parts: a public open house; an interim study report; and the filing of a report with
the Clerk for the mandatory 30 day public review period.
In response to a question from Councillor Zehr, Mr. Hayes advised that his firm is proposing open-cut
construction rather than the tunnelling method. Councillor Galloway expressed his concern that
construction would jeopardize the buffer area of the wetland complex as the Biehn Drive connection
would go through this zone. He also questioned the impact on both branches
2.Aliqnment Study for Middle & South Strasburq Creek Trunk Sanitary Sewer (Cont'd)
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CITY OF KITCHENER
of the creek and the Brigadoon pond during construction. Mr. Hayes replied that the sewer would not be
at full depth in this area, but would be only 3 to 4 metres below the surface. He also indicated that
he would require that the vegetation be left in place during construction and make specific
recommendations regarding overall construction practices, which would include the ongoing
monitoring and inspection of work, as well as establishing a contingency plan.
Councillor B. Stortz entered the meeting at this time.
Councillor Galloway questioned who would be responsible for any damage during the course of
construction and Mr. Hayes replied that this would be the responsibility of the City and the
contractor. Councillor Galloway also advised of his concern relative to the overall impact of the
proposed subdivision on the creek system. He inquired whether the alignment would still follow
Strasburg Road if the road were moved to the north and Mr. Hayes replied that it would, within
limits, as it is preferable that the sewer and the road crossing go together. Councillor Galloway
pointed out that moving Strasburg Road would eliminate the need to cut through an existing pine
plantation. Mr. Mansell advised that the area transportation study indicated the proposed location
of Strasburg Road, and that staff would prefer to by-pass any environmentally sensitive areas.
Councillor Wagner commented that Mr. Hayes had raised a significant number of environmental
concerns in his presentation, all of which suggest some sort of adverse impact. He also questioned
the effect of the project on the archaeological site of New Aberdeen. Mr. Mansell replied that the
proposed location involves the least environmental impact. Mr. Hayes replied that the proposed
alignment would, in fact, go through the former Village, as indicated by available historical mapping.
Councillor Wagner asked whether a detailed archaeological study would be required and, if so,
who would be responsible for initiating and paying for it. Mr. Mansell stated that an archaeological
impact assessment is required on the lands owned by Mr. Harold Freure and that, if a significant
archaeological site was affected, the alignment could be adjusted. He indicated that he would work
with Mr. Freure in this regard.
On a motion by Councillor M. Wagner -
it was resolved:
"That Council approve the preferred alignment for the extension of the Middle and South Strasburg Trunk
Sanitary Sewer, as presented at the Public Open House on January 25, 1994, and further,
That the Schedule 'B' Class Environmental Assessment Study Report for the project be filed with the City
Clerk for the mandatory 30 day public review."
3.Trussler Road Surfacinq
The Committee was in receipt of a report and recommendation from Mr. S. Gyorffy dated June 7, 1994.
Councillor Ziegler indicated his willingness to move the staff recommendation. Councillor Galloway
indicated that he was opposed to the recommendation at this time on the basis that it was
premature, noting that further examination is required, and that the residents involved have not
been consulted. He also pointed out that the Local Architectural Conservation Advisory Committee
is considering a portion of Trussler Road as part of a proposed Heritage Conservation District.
On motion by Councillor T. Galloway -
it was resolved:
"That consideration of the staff recommendation relative to the resurfacing of Trussler Road be deferred
and referred to a future meeting of the Public Works and Transportation Committee to allow
further examination, including input from the residents involved."
4.Temporary Road Closures -Wilson Avenue/Market Lane
The Committee was in receipt of Traffic and Parking Division reports DOPWR 94-37 and 94-39,
respectively.
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CITY OF KITCHENER
On motion by Councillor J. Ziegler -
it was resolved:
"That Wilson Avenue between the Wilson Arena parking lot and the cul-de-sac be closed from 11:00 a.m.
on Sunday, July 10, 1994 to 4:00 p.m., 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."
- and -
"That Market Lane be closed between the hours of 8:00 a.m. and 2:00 p.m. on consecutive Saturdays
from July 9 to September 2, 1994 for art shows, and further,
That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted."
5.Water Drainaqe Problem - Monteaqle Crescent
The Committee was in receipt of Planning and Development Department report PD #94/55 dated June
20, 1994.
Councillor Lorentz explained that 4 homeowners on Monteagle Crescent are unable to use their
backyards due to water accumulation. He added that all of the owners presently qualify for a
special connection to the storm drain which would cost the City approximately $10,000.00. He
noted that, alternatively, staff are recommending that a sub-surface drain could be laid behind the
properties which would solve the problem at a cost of approximately $4,000.00. He indicated that
he has contacted the property owners and they are all prepared to sign the necessary waiver.
On motion by Councillor G. Lorentz -
it was resolved:
"That a sub-surface drain be installed by City Staff to remove excess water from selected properties on
Monteagle Crescent as outlined in Planning and Development Department Report PD #94/55,
and further,
That the project be completed at a cost of approximately $4,000.00, with this amount to be debited from
the Storm Drain Connection Fund."
6.Odour Problems - Graber Place
The Committee received this date a report from Mr. S. Gyorffy dated June 17, 1994 outlining the history of
events related to odour concerns on Graber Place and at the Forwell Pumping Station which
coincide with the discharging of waste water to the Pumping Station by Safety-Kleen Canada Inc.
Mr. William Boettinger, a resident of Graber Place, strongly objected to what he described as an almost
daily odour problem which has been ongoing for approximately 3 years. He explained that Safety-
Kleen is pumping waste water into the sewer line and, as a result, gases are accumulating and
creating pressure strong enough to move the manhole covers which have been sealed and
plugged. He advised that, as a result, gases are now being blown out of the stacks of nearby
homes. He estimated that approximately 1/5 of the Kitchener population is affected by the odour
problem and stated that he can no longer live under conditions which he feels are detrimental to his
health. He suggested that Safety-Kleen should be prohibited from discharging waste water into the
sewer system until the odour problem is solved at its source.
6.Odour Problems - Graber Place (Cont'd)
In response to a question from Councillor Ziegler, Mr. Boettinger acknowledged that the tax assessment
for his property has been reduced as a direct result of the odour problem. He also referred to
complaints received by Kitchener Utilities on June 18, 1994 from passing motorists. He further
advised that the Utility has sent out trucks on numerous occasions to check for natural gas leaks,
and expressed an interest in reviewing the truck logs from April 24, 1992 to the present to determine
the number of trips the City has made in response to complaints.
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Mayor D.V. Cardillo entered the meeting at this time.
Councillor Ziegler asked Mr. Wallace to comment on the existing Use Agreement with Safety-Kleen. He
suggested that they should not be allowed to use the sewer system until the problem has been
rectified and that, in the interim, waste water should be transported by truck as was the case prior to
the companies use of the sanitary sewer. He also referred to the recent problems involving the
discharge of nitroso dimethylamine (NDMA).
Mr. Wallace advised that the Use Agreement for the discharge of waste water to the Forwell Sewage
Pumping Station involves not only the City and Safety-Kleen but also the Region of Waterloo and
the Township of Woolwich. He read a section from the document concerning the regular sampling
of discharged waste water by Safety-Kleen, and suggested that, if the Region is satisfied there has
been a breach of their by-law, Safety-Kleen could be compelled to move the waste material by
truck. Mr. Wallace also reviewed the Provincial Hearing process as it relates to Safety-Kleen's
request for permission to expand its re-refining operation. Mr. Wallace advised that the City should
insist that Safety-Kleen begin moving the waste water by truck, and apply to the Courts if necessary.
At the same time, the Region of Waterloo and the City should apply to the Province to be parties to
the Hearing on expansion of the Safety-Kleen facility. Mr. Wallace stressed that it is important that
the Region consider whether there has been a breach of their by-law as it relates to the odour
problem.
Councillor Ziegler put forward a motion requesting that the Region undertake sample testing and
determine whether there has been a breach of their by-law as referred to in the Use Agreement.
Councillor Zehr pointed out that even if the samples show compliance, the odour problem may continue
and it may be necessary to pursue stronger steps than simply suggesting that the waste water be
transported by truck. Mr. Gyorffy clarified that even if the material was moved by truck it would
eventually enter the same sewer system. He added that the trunk sewer, which would be used in
conjunction with the trucking option, is larger and would accommodate greater air flow movement,
though the flow would be more diluted. Councillor Zehr questioned whether there had been any
changes in the City infrastructure which would have contributed to or caused the odour problem.
He also asked whether there is any reason why trucking of waste could not resume immediately and
Mr. Gyorffy replied in the negative. Mayor Cardillo referred to the long history of co-operation with
Safety-Kleen and suggested that this should continue.
Ms. Deborah Bennett, a resident of Graber Place, appeared concerning ongoing odour problems and her
fear of exposure to dangerous chemicals. She asked that there be further study of the chemicals
discharged into the sewer system by Safety-Kleen, including NDMA. She suggested that Safety-
Kleen be denied access to the sewer system since the problem is well documented, and offered the
opinion that any further delay is unacceptable. Ms. Bennett noted that the odours are so strong that
her family is forced to sleep with the windows closed.
Mr. Robert Milligan, New Dundee, appeared in his capacity as an Environmental Consultant and pointed
out that the potential toxicity of the waste discharged has not been investigated. He noted that to
date it is not clear what standards should be used for testing, noting that approximately 7 toxic,
cancer causing chemicals in combination are involved. Mr. Milligan suggested that a study be
undertaken relative to the individuals exposed and their health problems, adding that Council has a
responsibility in this regard and that the Regional Health Unit should be involved. He also asked for
permission to discuss testing standards with CH2M Hill Engineering (a consultant hired by the City
of Kitchener) and a toxologist, as he has concerns about their sampling techniques.
6.Odour Problems - Graber Place (Cont'd)
In response to a question from Councillor Lorentz, Mr. Milligan informed the Committee that he is an
expert in environmental health and offers advice to residential, commercial and industrial clients. It
was noted that he is volunteering his time in regard to this particular issue. Councillor Zehr referred
to complaints he had received from residents of Evelyn Crescent and Keewatin Drive, and noted
that, when investigating the latter, he and Councillor Leadston encountered a Regional Enforcement
Officer who was testing over the weekend. He expressed concern that, though the odours in the
homes may stop, the chemicals at issue are still being emitted into the air. He suggested that staff
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should immediately contact the Region and the Ministry of Environment to determine what has been
discovered relative to the ambient air and sewer samples. He also suggested that the City should
speak with Safety-Kleen directly in addition to providing written notice. Councillor Zehr asked that
staff should review the existing sewer infrastructure from the connection at Graber Place to the
Expressway to ensure that this is not a contributing factor. He also urged Council to take immediate
action.
Councillor Ziegler accepted, as a friendly amendment, earlier suggestions that the City require Safety-
Kleen to immediately resume the trucking of waste materials, and that staff investigate the related
sewer infrastructure.
Councillor Galloway suggested that the proposal does not go far enough, and that in addition the City
should also shut-off Safety-Kleen's direct access to the sanitary sewer system in 7 days, provided it
is satisfied that Safety-Kleen is the cause of the problem. He stressed that residents need to have
their health related concerns addressed. Councillor Ziegler accepted the suggestion that access to
the sanitary sewer be shut-off as of June 30, 1994.
Mayor Cardillo suggested that the Regional Health Unit contact Ms. Bennett and make inquiries as to any
related health problems. Staff was also directed, through a suggestion by Councillor Lorentz, to
meet with CH2M Hill Engineering and Mr. Milligan to discuss the problem and related testing
procedures.
The motion, as amended, was then put to a vote.
On motion by Councillor J. Ziegler -
it was resolved:
"That the Regional Municipality of Waterloo be asked to undertake sample testing relative to complaints
of odours from the sanitary sewer in the vicinity of Graber Place to determine whether there
has been breach of their by-law, and further,
That Safety-Kleen Canada Inc. (formerly Breslube) be informed that, effective immediately, all material
presently discharged into the City's sanitary sewer system is to be transported by truck in
accordance with the disposal procedure followed prior to receiving such discharge approval,
with the cost of trucking to be at the sole expense of Safety-Kleen Canada Inc., and further,
That effective June 30, 1994, Safety-Kleen Canada Inc. be denied disposal access to the sanitary sewer
system, and further,
That staff be directed to evaluate the relevant City infrastructure between Graber Place and the
Conestoga Parkway to ensure that there are no deficiencies in either design, construction or
maintenance relative to the odour problem."
On motion by Councillor J. Ziegler -
it was resolved:
"That the City make application to the Province to be a party to the Hearing relative to an application by
Safety-Kleen Canada Inc. for permission to expand its re-refinery operation.
7.Other Business
Councillor Lorentz referred to the possible relocation of a bus stop shelter opposite 105 Westmount Road
East. He noted that there have been problems with loitering and littering and, in view of the fact that
the stop is in a secluded area, should be moved approximately 20 metres to a more open and safe
area.
By general consent, it was agreed that this item would be placed on the July 4, 1994 meeting agenda
along with a full staff report.
The Committee received, as information, the following:
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· 1994 Special Events Log - Traffic & Parking Division
· A Recycling Contract Report from Mr. S. Gyorffy dated June 15, 1994
· Progress Report from the Engineering Division dated June 15, 1994 concerning the status of works in
progress.
The Committee was also circulated this date with a report from Mr. L. Lynch dated June 17, 1994,
concerning the status of the Road and Sidewalk Construction and Repair Program.
8. Next Meeting
The next regularly scheduled meeting of the Public Works and Transportation Committee will be held on
July 4, 1994.
9.Adjournment
On motion, the meeting adjourned at 12:00 Noon.
G. Sosnoski
& Assistant City Clerk
Manager of Corporate Records