Infrastructure, Transportation and Safety Committee MINUTES

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1 The Corporation of the City of Stratford Infrastructure, Transportation and Safety Committee MINUTES Date: Time: Location: Committee Present: Staff Present: Also Present: Monday, 8:13 P.M. Council Chamber, City Hall Councillor McManus - Chair Presiding, Councillor Brown - Vice Chair, Mayor Daniel Mathieson, Councillor Beatty, Councillor Bunting, Councillor Clifford, Councillor Henderson, Councillor Ingram, Councillor Mark, Councillor Ritsma, Councillor Vassilakos Rob Horne - Chief Administrative Officer, Joan Thomson - City Clerk, Andre Morin - Director of Corporate Services, Ed Dujlovic - Director of Infrastructure and Development Services, David St. Louis - Director of Community Services, John Paradis - Fire Chief, Carole Desmeules - Director of Social Services, Jeff Leunissen - Manager of Development Services, Cathy Keirstead - Fire Secretary/Dispatcher, Mike Beitz - Corporate Communications Lead, Tatiana Dafoe - Deputy Clerk, Stephanie Potter - Policy and Research Associate, Taylor Crinklaw - Project Engineer Members of the Public and Media 1. Call to Order The Chair called the Meeting to Order.

2 Infrastructure, Transportation and Safety Committee Minutes 2 2. Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act. Name, Item and General Nature of Pecuniary Interest A declaration of pecuniary interest was not made by a member at the August 28, 2017 Infrastructure, Transportation and Safety Committee meeting. 3. Sub-committee Minutes Sub-committee minutes were attached for background regarding the discussion held at the July 24, 2017 Sub-committee meeting. 4. Delegations 4.1 Delegation Request from Dr. Thomas Drake Dr. Thomas Drake submitted a letter and requested to address Committee. For the consideration of Committee. Motion by Councillor Henderson Seconded By Mayor Daniel Mathieson Committee Decision: THAT the presentation by Dr. Thomas Drake be heard. Committee Discussion: Dr. Drake and Miss. Drake addressed Committee regarding Item 5.6 "Encroachment Application 420 William Street (ITS17-046)". He expressed concern regarding this item as this request is for a neighbouring property. The specific concern relates to the fact that he has requested an encroachment agreement previously and was denied. He noted that at the time of purchasing his property he was unaware he did not have access to Joffre Street. Dr. Drake requested the following be considered by the Committee:

3 Infrastructure, Transportation and Safety Committee Minutes 3 that an encroachment agreement for his property be reconsidered; the fees for encroachment agreements be reviewed and revised; that other encroachment agreements be considered as it is an opportunity loss when they are denied; and that Joffre Street be given a regular road allowance. Miss. Drake provided a presentation on the amount of revenue that has been lost due to lack of development on subject property. The Project Engineer advised that the property currently under consideration for an encroachment agreement is because the existing encroachment was discovered during the Joffre Street improvements. The subject encroachment is a fence which currently does not impact the municipality's use of the cul-de-sac for snow removal. He further advised the current policy allows encroachment agreements for existing structures such as a fence but they are not granted to individuals wishing to erect new structures such as a pool, driveway or garage for example. It was questioned whether the area is a reserve. The Manager of Development Services advised the parcel is owned by the City. An inquiry was made into the amount of individuals who have access to the cul-de-sac on William Street. The Project Engineer advised there are no residents with access. It was questioned whether this matter has been previously dealt with. The Director of Corporate Services advised that at the Infrastructure, Transportation and Safety Sub-committee meeting, Mr. Drake's property was discussed and direction at Sub-committee was for staff to prepare a report on that matter which will include information on the items that have gone to court. It was questioned how much value a driveway adds to a property. The Director of Corporate Services advised the revenue would be minimal and is unsure whether MPAC would take it into consideration. It was questioned whether there are current encroachment agreements for driveways and whether there have been any cases where new encroachments have been removed. The Director of Corporate Services advised there are some but they were pre-existing structures that the municipality discovered while completing work and they are not new structures as outlined in the policy. Members were advised there have

4 Infrastructure, Transportation and Safety Committee Minutes 4 been recent examples where new encroachments have been removed but with this case there is extensive landscape along with the fence which is why an encroachment agreement is recommended. It was questioned what benefit would be received from erecting a driveway. Mr. Drake advised it would give him access to the back of his property ad allow him to complete his unfinished garage, shed and excavation that was undertaken previously. Members were reminded that a report on this matter is forthcoming. 5. Report of the City Clerk 5.1 Request for Exemptions for the 2017 Dragon Boat Festival (ITS17-041) * This item was also listed for consideration at reconvene Council meeting. Staff Recommendation: THAT City Council grant an exemption to permit the operation of ATVs on municipal property under the jurisdiction of The Corporation of the City of Stratford for the 2017 Dragon Boat Festival, and that the event organizers provide the required certificate of insurance in the amount of $2 million per occurrence to the City prior to their event; THAT City Council grant an exemption from the unreasonable noise provision [Schedule 1 clause 8] of the City s Noise Control By-law as amended for the 2017 Dragon Boat Festival on September 16, 2017; AND THAT the North side of Cobourg Street from Front Street to Waterloo Street and Nile Street from Ontario Street to Water Street be designated as temporary No Parking areas on Saturday, September 16, Motion by Councillor Henderson Seconded By Councillor Brown Committee Recommendation: THAT City Council grant an exemption to permit the operation of ATVs on municipal property under the jurisdiction of The Corporation of the City of Stratford for the 2017 Dragon Boat Festival, and that the event organizers provide the required certificate of insurance in the amount of $2 million per occurrence to the City prior to their event;

5 Infrastructure, Transportation and Safety Committee Minutes 5 THAT City Council grant an exemption from the unreasonable noise provision [Schedule 1 clause 8] of the City s Noise Control By-law as amended for the 2017 Dragon Boat Festival on September 16, 2017; AND THAT the North side of Cobourg Street from Front Street to Waterloo Street and Nile Street from Ontario Street to Water Street be designated as temporary No Parking areas on Saturday, September 16, Request for Exemption from Noise Control By-law for the 2017 Stratford Fall Fair (ITS17-042) * This item was also listed for consideration at reconvene Council meeting. Staff Recommendation: THAT City Council grant an exemption from Noise Control By-law for the Stratford and District Agricultural Society to permit the amplification of sound in a residential zone until 11:00 p.m. each evening from Thursday, September 21 to Saturday, September 23, 2017 inclusive and until 4:00 p.m. on Sunday, September 24, 2017 and from the unreasonable noise provision [Schedule 1 clause 8] for the duration of the event including set up and take down from September 18 to September 25, 2017 inclusive. Motion by Mayor Daniel Mathieson Seconded By Councillor Ingram Committee Recommendation: THAT City Council grant an exemption from Noise Control By-law for the Stratford and District Agricultural Society to permit the amplification of sound in a residential zone until 11:00 p.m. each evening from Thursday, September 21 to Saturday, September 23, 2017 inclusive and until 4:00 p.m. on Sunday, September 24, 2017 and from the unreasonable noise provision [Schedule 1 clause 8] for the duration of the event including set up and take down from September 18 to September 25, 2017 inclusive.

6 Infrastructure, Transportation and Safety Committee Minutes Request for Exemption to Noise Control By-law for the 2017 Canadian Cancer Society Neon Night Stratford event (ITS17-043) * This item was also listed for consideration at reconvene Council meeting. Staff Recommendation: THAT an exemption be granted from the Noise Control By-law for the Neon Night Stratford event to permit the amplification of sound in a residential zone along the route and at 72 Water Street and from the loading and unloading provision [Schedule 2 clause 4] and from the unreasonable noise provision [Schedule 1 clause 8] from 7:00 p.m. to 10:00 p.m. on Friday, September 22, 2017 at 72 Water Street. Motion by Councillor Brown Seconded By Councillor Vassilakos Committee Recommendation: THAT an exemption be granted from the Noise Control By-law for the Neon Night Stratford event to permit the amplification of sound in a residential zone along the route and at 72 Water Street and from the loading and unloading provision [Schedule 2 clause 4] and from the unreasonable noise provision [Schedule 1 clause 8] from 7:00 p.m. to 10:00 p.m. on Friday, September 22, 2017 at 72 Water Street. 5.4 Request for a Special By-law Enforcement Officer for 165 Downie Street (ITS17-044) * This item was also listed for consideration at reconvene Council meeting. Staff Recommendation: THAT the request from CGNE Inc. to appoint Shannon Stewart as a Special By-law Enforcement Officer to enforce certain parking restrictions on private property at 165 Downie Street be approved; AND THAT an agreement be entered into with respect to the appointment of the Special By-law Enforcement Officer.

7 Infrastructure, Transportation and Safety Committee Minutes 7 Motion by Mayor Daniel Mathieson Seconded By Councillor Ingram Committee Recommendation: THAT the request from CGNE Inc. to appoint Shannon Stewart as a Special By-law Enforcement Officer to enforce certain parking restrictions on private property at 165 Downie Street be approved; AND THAT an agreement be entered into with respect to the appointment of the Special By-law Enforcement Officer. 5.5 ATAC Request for Council to revisit Bike and Pedestrian Master Plan (ITS17-045) ATAC Recommendation: THAT Council revisit the Bike and Pedestrian Master Plan; THAT Council assess planned implementation versus actual progress; AND THAT Council identify Council priorities in the plan to move the Master Plan forward. Committee Discussion: It was questioned when the subject project would be undertaken. The Project Engineer advised it would be undertaken in the Winter of Motion by Councillor Henderson Seconded By Councillor Ingram Committee Recommendation: THAT Council revisit the Bike and Pedestrian Master Plan; THAT Council assess planned implementation versus actual progress; AND THAT Council identify Council priorities in the plan to move the Master Plan forward. 5.6 Encroachment Application 420 William Street (ITS17-046)

8 Infrastructure, Transportation and Safety Committee Minutes 8 Staff Recommendation: THAT the application be approved for an encroachment by Paul and Anne Lake, as owners of 420 William Street, to permit the existing vinyl fence to encroach a total of 81 m 2 onto City property at 40 Joffre Street; AND THAT the annual fee of $917.00, adjusted yearly by the CPI, be added to the property tax bill for 420 William Street. Committee Discussion: It was questioned how large the fence is and how far it encroaches onto municipal property. The Project Engineer advised the fence is metres in width and carries on for 40 metres. In total, the area being encroached upon is 81m2. It was questioned why the fence is not being moved to the property line. The Project Engineer advised this option had been considered but there is significant landscaping and a sprinkler system which would also have to be removed. This led administration to recommend an encroachment agreement. Motion by Councillor Mark Seconded By Councillor Beatty Committee Recommendation: THAT the application be approved for an encroachment by Paul and Anne Lake, as owners of 420 William Street, to permit the existing vinyl fence to encroach a total of 81 m 2 onto City property at 40 Joffre Street; AND THAT the annual fee of $917.00, adjusted yearly by the CPI, be added to the property tax bill for 420 William Street. 5.7 Request for Exemption from Noise Control By-law September 1 to 3, 2017 for 27 Market Place (ITS17-049) * This item was also listed for consideration at reconvene Council meeting. Committee Discussion: The City Clerk advised members that as part of the Noise Control By-law Exemption Process, applicants are required to provide area residents within 120m of the subject property for the exemption with notice of the exemption request. The applicant for this request advised notice was given and no concerns were received. The City

9 Infrastructure, Transportation and Safety Committee Minutes 9 Clerk further advised the City is now in receipt of a concern from an area resident who stated they did not receive the notice and were not in favour of the exemption request. It was requested that the applicant provide information on the notice given. Motion by Councillor Henderson Seconded By Councillor Mark Committee Decision: THAT the Applicant, Kevin Larson be heard Item 5.7 "Request for Exemption from Noise Control By-law September 1 to 3, 2017 for 27 Market Place (ITS17-049). Mr. Larson advised members all residents and businesses along Market Place were hand delivered notices. If hand delivery was not possible a notice was mailed to that individual. Motion by Councillor Henderson Seconded By Councillor Beatty Committee Recommendation: THAT approval be given for exemptions from Noise Control By-law for the live music event at 27 Market Place for Friday, September 1, Saturday, September 2 and Sunday, September 3, 2017 until 1:00 am for amplified music and until 2:00 am for acoustic music on September 1, 2, 3 and 4, Report of the Project Engineer 6.1 Noise Control By-law Exemption for the 2017 Sewer Lining Contract (ITS17-050) *This item was also listed for consideration at reconvene Council meeting. Committee Discussion: The Project Engineer advised the City received funding to complete sewer line work using new technology. He further advised the work takes a few hours to complete and during that time residents are being advised to not use their water. Due to the nature of the work, the noise control by-law exemption is requested to allow the contractor to perform the work during the evening when the water flow is lessened. Notice will be provided to all affected residents.

10 Infrastructure, Transportation and Safety Committee Minutes 10 It was noted that complaints have been received that the work on the sewer lines is loud. It was questioned how long the contractor will be at each location. The Project Engineer advised it will approximately be between 5 and 6 hours. Motion by Councillor Vassilakos Seconded By Councillor Henderson Committee Recommendation: THAT an exemption from Noise Control By-law be granted for Insituform Technologies Limited and their sub-contractor Empipe Solutions Limited to facilitate sewer preparation and sewer lining work for various locations throughout the City, under the operation of construction equipment provision [Schedule 2 clause 5] from 7:00 p.m. to 11:59 p.m. and 12:00 a.m. to 7:00 a.m. on date(s) to be determined, with 48 hours notice. 7. Report of the Policy and Research Associate 7.1 Market Square No Smoking Policy (ITS17-053) Committee Discussion: The Policy and Research Associate advised an Interim Terms of Use and Policy for Market Square was adopted by Council. As part of the policy, Market Square was designated as a "no smoking" area, however concerns were received regarding enforcement. The Health Unit was contacted and they advised the only way their Tobacco Enforcement Officers can enforce the no smoking restriction is through a by-law amendment. She further noted that without the by-law amendment the Health Unit can only enforce up to 9m from government building entrances. It was questioned where individuals will be permitted to smoke as the requested no smoking area extends to the building faces on Market Place. Members were advised smoking is permitted on Wellington Street and Downie Street. An inquiry was made into whether it is only tobacco that is prohibited or all substances. Tracy Allan-Koester from the Health Unit advised the legislation that they enforce only regulates tobacco. It was noted when the full area of Market Square becomes smoke free, there must be adequate signage.

11 Infrastructure, Transportation and Safety Committee Minutes 11 It was questioned what the current by-law means when it states "any lighted smoking equipment". The City Clerk advised by-laws are written broadly to capture new or future devices. This is done so that the by-law does not have to be amended every time a new device is created. Kyle McGaw requested to address Committee regarding this issue. Motion by Councillor Henderson Seconded By Councillor Vassilakos Committee Decision: THAT the presentation by Kyle McGaw be heard. Mr. McGaw requested members consider designating an area in Market Square for individuals to smoke instead of restricting the entire space. He noted the square is a great piece of architecture and to ban smoking would exclude individuals who smoke from visiting and enjoying the square. It was noted the intent to prohibit smoking in Market Square is not meant to exclude individuals but rather remains consistent with other prohibitions such as in parks. Kevin Larson requested to address Committee regarding this issue. Motion by Councillor Henderson Seconded By Councillor Ingram Committee Decision: THAT the presentation by Kevin Larson be heard. Mr. Larson requested clarification on where individuals will be permitted to smoke should the by-law amendment be passed. Specific questions related to whether individuals will be able to smoke in their car while parked in Market Place and whether they can smoke in the alley near the police station. He noted there will be a need for signage and receptacles where individuals will be permitted to smoke. Tracey Allan-Koester advised they do not enforce if an individual is smoking in their car, they must be in the public place. The only exceptions where smoking is prohibited in a vehicle is in a taxi or if there are children present. She advised that if the area is adequately signed with a clear message most individuals will abide by the rules.

12 Infrastructure, Transportation and Safety Committee Minutes 12 Motion by Mayor Daniel Mathieson Seconded By Councillor Beatty Committee Recommendation: THAT City of Stratford By-law Smoking in Public Places be amended to include Market Square. 8. For the Information of Committee 8.1 Capital Project Update Sub-committee Discussion: The Director of Infrastructure and Development Services provided the following highlights from the July Capital Project Update. The update in its entirety will be included as part of the Infrastructure, Transportation and Safety Committee agenda. Mornington/Vivian Reconstruction: Got permits from Ministry of Environment, will be going to tender that week. Queen Street Storm Sewer: Issued notice in the paper about the Class EA, Design is under way and will be brought forward. Costs will be significant. Clarifiers at the Water Pollution Control Plant: Ahead of schedule. Flow Monitoring Program: They are working on models. Romeo Street Bridge: Will be pushed to next spring due to amount of work Will likely tender late this year. There will be some issues brought to Council regarding partial or full closure of the road. Concrete Sanitary Sewer Relining: Insituform awarded contract; starting to do pre-inspection of sewers. Asphalt Resurfacing: The contractor advised that with the amount of work to be done on Erie Street, Douro Street will not be completed until Special meeting scheduled for next week to get work done in 2017 as the MTO will not extend funding. In response to whether they could have a multi-use trail or widened road coming off Dunn Road, staff advised that

13 Infrastructure, Transportation and Safety Committee Minutes 13 they did not look at it as it would be 100% city dollars. The project is closing and it would be late for a redesign. 8.2 Intersection at McCarthy/Mornington In response to whether staff have looked into this intersection, the Director advised that staff went back and looked at historical traffic counts and are going to create a left hand turn as it is now warranted. It is on the list for this year. 8.3 Huron Street from Sobeys A concern regarding Huron Street in front of the Sobeys plaza where the road juts out was raised and it was requested that staff contact the Police Department to find out if there are accidents there, and if so, potentially put up some signs. The Director advised that he would look into the matter. 8.4 Accessibility Ramp at Transit Office In response to a concern that the accessibility ramp has not been built at the Transit Office on Corcoran Street, the Chair suggested that it be raised with the Director of Community Services. 8.5 Market Square Accessible Parking Signs In response to whether the accessible parking meter signs for Market Square have been received, the Director advised that he would follow up with staff. A concern was also raised about the height of the accessible parking sign in front of Sinclairs. 8.6 Emergency Vehicle Access on City Streets A concern was raised that emergency vehicles sometimes can't get down city streets when cars are parked on both sides. A request was made for a report from emergency services, the Fire Department and transit on how often they are not able to get down the streets they need to go and whether there are streets where parking should be removed on one side of the street. The Fire Chief stated that it does not come up often, as most streets with parking on both sides still maintain the proper width for fire trucks to get down. He can ask his staff to report those incidences.

14 Infrastructure, Transportation and Safety Committee Minutes Reports on Accidents at Problem Corners Concern was raised regarding traffic safety at various corners, including Cambria and Wellington and Cambria and Church. It was suggested by a Sub-committee member that a report be requested from the Police Department on where accidents over the past five years have occurred and then staff can investigate whether additional signage or flashing lights are needed. The Director of Infrastructure and Development Services stated that as concerns are raised, staff obtain the information from Police and investigate as necessary. He noted that it would be a fair bit of work to undertake that project. Staff were requested to look into the Church and Cambria intersection. It was noted that Cambria Street has had more problems recently than in prior years. It was also requested that the Police Department archive their accident/traffic data on GIS. The Director advised that they can work with the police to see how they collect data. Discussion took place regarding Fire Department response to accidents. 8.8 Smoking in Market Square In response to whether smoking in Market Square was permitted and where the boundaries are, the Director advised that staff are in the process of working on this matter. Discussion took place regarding placing ashtray containers in Market Square. It was noted that the City Centre BIA is looking into this and it worked really well in Lindsay, Ontario. It was suggested that they be placed at the edge of the no smoking boundary at all public buildings to assist people to know where the boundary is. 9. Advisory Committee/Outside Board Minutes There were no Advisory Committee/Outside Board minutes to be provided.

15 Infrastructure, Transportation and Safety Committee Minutes Adjournment Motion by Councillor Brown Seconded By Councillor Ingram Committee Decision: THAT the Infrastructure, Transportation and Safety Committee meeting adjourn. Meeting Start Time: 8:13 P.M. Meeting End Time: 9:37 P.M.

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