HomeMy WebLinkAboutEGD-022-09~~J[I~OIl
Leading the Way
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE/'n -7
Date: May 25, 2009 Resolution #~i:-UY~"-3~i / "dcf
Report #: EGD-022-09 File #: By-law #: 0'+0~°/ 'O'j0
Subject: MILL STREET PEDESTRIAN TUNNEL CONSTRUCTION STATUS -
NEWCASTLE VILLAGE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report EGD-022-09 be received;
2. THAT the Canadian National Railway be advised that the Municipality endorses
the Cost Sharing Altemative A, consisting of a capital contribution towards the
construction costs of the Mill Street Pedestrian Tunnel. In exchange the
Municipality agrees to be responsible for the maintenance of the Mill Street
Pedestrian Tunnel;
3. THAT the Municipality enter into an agreement with the Canadian National
Railway for the construction of the Mill Street Pedestrian Tunnel, containing
provisions for the implementation of a cost sharing component as outlined in
Alternative A detailed within this report;
4. THAT the Mayor and Clerk be authorized to execute the agreement with the
Canadian National Railway in a form satisfactory to the Municipal Solicitor;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-022-09
PAGE 2
5. THAT the attached by-law authorizing the Mayor and the Clerk to execute the
proposed Agreement be forwarded to Council for approval.
6. THAT a copy of this report, as well as Council's decision be forwarded to the
Canadian Transport Agency, Transport Canada and the Canadian National
Railway.
Respectfully by,
Submitted by: A.S. Cannella viewed by: Franklin Wu
Director of Engineering Services ~ Chief Administrative Officer
ASC/bbfjb/dv
May 19, 2009
REPORT NO.: EGD-022-09
PAGE 3
1.0 BACKGROUND
1.1 Engineering staff have been working with the Canadian National Railway (CNR)
for some time, to obtain approvals and to secure a window for the construction of
the Mill Street Pedestrian Tunnel. In early 2009, the progress of the project
approvals for design and a schedule for construction was still at a standstill and it
was becoming evident that again in 2009 the construction window was potentially
in jeopardy.
1.2 The Engineering Department approached the Canadian Transportation Agency
(CTA) recognizing that mediation and/or arbitration may be required if we were to
move forward in 2009. Canadian Transportation Agency staff recommended
facilitation as a first step to resolving outstanding issues and in avoiding a costly
and lengthy legal process.
1.3 On May 5, 2009 a meeting was convened with CTA, CN Rail, Transport Canada,
Municipal Staff, and the Municipality's engineering consultant in attendance. The
purpose of the meeting was to begin the facilitation process.
1.4 At the meeting all the relevant background, as well as past and present issues
were discussed. As facilitators, the CTA addressed each item encouraging a
resolution between the two parties.
1.5 The majority of the Municipality's issues and concerns were regarding design,
construction scheduling and commitments by CN Rail for their staff involvement
in the project. These issues, as well as a proposed construction schedule were
agreed to and all parties committed to a construction target date commencing in
or about October of 2009.
REPORT NO.: EGD-022-09 PAGE 4
2.0 COST SHARING THE CONSTRUCTION OF THE MILL STREET PEDESTRIAN
TUNNEL
2.1 The cost sharing component of this project was an outstanding issue that could
not be resolved at the meeting, since it required approval from Council as well as
from senior management with the Canadian National Railway.
2.2 The cost sharing options debated considered two major issues; a contribution
from CN toward the capital cost of the project and responsibility for the
maintenance of the pedestrian tunnel. For clarification purposes, maintenance
was considered to be split into two components, the structural integrity of the
pedestrian tunnel and the operational aspect of the pedestrian tunnel (sidewalk,
lighting, managing graffiti etc).
Following several hours of debate, the two cost sharing alternatives were
summarized as follows:
Alternative A
CN Rail would make a capital contribution towards the construction costs for the
Mill Street pedestrian tunnel. The Municipality would then be responsible for the
structural and operational maintenance of the tunnel.
Alternative B
CN Rail would not contribute towards the construction costs but would in
exchange agree to assume responsibility for all future structural maintenance of
the tunnel. The Municipality would still be responsible for any operational
maintenance.
3.0 RECOMMENDATIONS
3.1 Upon careful consideration of the options and their long term implications
regarding maintenance costs proactive management of public expectations and
municipal liability, Municipal staff recommends Alternative A.
REPORT NO.: EGD-022-09
PAGE 5
Upon Council endorsement of Alternative A, CN staff will then present Alternative
A to their senior management for approval.
Subject to approval by both parties it was agreed that CN and the Municipality
would then enter into a formal agreement regarding design details, construction
techniques, structural and operational maintenance of the pedestrian tunnel and
cost apportionment.
3.2 The meeting on May 5, 2009 with the CTA, CN Rail, Transport Canada,
Municipal Staff, and the Municipality's engineering consultant allowed us to make
significant progress in moving forward in the construction of the Mill Street
pedestrian tunnel in Newcastle Village. We are encouraged to have arrived at a
point where we can discuss a potential construction target date of October 2009
and look forward to Council's direction so that we can enter into an agreement
with CN Rail.
Attachments:
Attachment 1 -Authorizing By-law
List of Interested Parties:
rE~,x~Nit~t~" :?.: .r
__-__-_
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2009-XX
being a by-law to authorize the executlon on behalf of the Municipality
of Clazingon of an Ageement with the Canadian National Railway.
THE CORPORATION OF THE MUNICIPALfIY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are authorized to execute on behalf of the Corporation of
the Municipality of Claringon and seal with the Corporation Seal, an Ageement
with the Canadian National Railway.
By-law read a first and second time this 1st day of June, 2009.
By-law read a third 4me and finally passed this la day of June, 2009.
Jim AbemeNy, Mayor
Patti L. Barrie, Municipal Clerk