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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