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HomeMy WebLinkAboutWD-8-93 Addendum THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # 72�'J,,R (- r) Date: FEBRUARY 7, 1994 Res. # ADDENDUM TO By-Law Report#: File ff: _D__0L_2_0_01 Subject: CLOSURE OF WILLIAMS MILL BRIDGE AND THE APPROACHES TO VEHICULAR TRAFFIC Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report Addendum to WD-8-93 be received; 2 . THAT the proposed By-law attached to Report Addendum to WD-8- 93 be forwarded to Council for approval; 3. THAT Mr. and Mrs. Michael David, Mr. E. G. Spong and Mr. Joe Drew be advised of Council's decision and be provided with a copy of the By-law; and 4 . THAT in accordance with The Municipal Act (Chapter M.45 s297 (3) (c) RSO 1990) By-law 93-60 be forwarded to the Ministry of Municipal Affairs for approval. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2 : Minutes of Public Hearing held on April 26, 1993 No. 3: Correspondence dated March 22, 1993, from Michael and Alwine David 1089 REPORT NO. : ADDENDUM TO WD-8-93 PAGE 2 No. 4 : Plan showing the route the Davids can take to obtain access to their property on the west side of the bridge if the bridge is removed No. 5 : Proposed By-law 2.0 BACKGROUND 2. 1 Temporary Bridge Several years ago, the Williams Mill Road Bridge collapsed and was replaced with a temporary structure consisting of steel beams placed on top of the earth embankments on each side of the Bowmanville Creek and a wooden deck placed on top of the steel beams. A three (3) ton load limit was placed on the bridge with the consequence that the road could not be ploughed with Clarington's snow removal equipment which weighs more than three (3 ) tons. This problem was solved by hiring a local farmer to remove the snow from the bridge and approaches with a tractor and snow blower. The concrete abutments from the old bridge, which were not removed, could fall into the creek causing a back-up of water on the Bowmanville Creek with possible property damage up- stream from the bridge. 2 .2 Recommendation to Reconstruct the Bridge In Report WD-55-89, dated May 22, 1989, a recommendation was I made to reconstruct the Williams Mill Road bridge at an estimated cost of $100,000. i At a regular meeting held on May 29, 1989, Council denied the recommendation to reconstruct the bridge and directed staff to improve Williams Mill Road to provide access to the properties owned by Mr. and Mrs. Joe Drew on the west side of the bridge and Mr. and Mrs. Michael David on the east side of the bridge. I 1090 REPORT NO. : ADDENDUM TO WD-8-93 PAGE 3 2 .3 Negotiations for the Purchase of Land for Widening The width of the Williams Mill Road varies and is generally about 23 feet wide. Negotiations to purchase land from the Davids and Mr. Van Schyndel (formerly Drew property) , to provide for a wider road allowance and for the construction of turnarounds, were not successful. Since the widening was for the benefit of the two (2) property owners, no further action has been taken regarding the land purchase. Improvements have been made to the road within the confines of the narrow road allowance. There are no turnarounds. Also, Williams Mill Road is maintained year-round. 2 .4 Bridge Closed and Barricaded In 1990, a horse's hoof broke through the wooden deck of the bridge. The bridge was closed and barricades were placed at both ends of the bridge. The bridge has remained closed. 2.5 Public Hearing At a regular meeting held on March 1, 1993, Council approved Resolution GPA #89-93: I "THAT Report WD-8-93 be received; THAT staff be authorized to advertise a public hearing required by the Municipal Act to stop up and close Williams Mill Bridge and part of Williams Mill Road (the approaches) to vehicular traffic, in Lot 19, Concession 6, Darlington, Part 2, Plan 40R-14291; THAT, if following such Hearing, Council approves the by- law to stop up and close the bridge and part of the road (the approaches) to vehicular traffic, the Mayor and Clerk be authorized to execute the necessary documents to complete the closure; � U91 REPORT NO. : ADDENDUM TO WD-8-93 PAGE 4 THAT following the passing of the by-law, Public Works staff be authorized to: (a) install permanent barricades at each end of the closed approaches; and (b) remove the bridge deck and abutments. THAT $3,500 be provided in the 1993 Budget for the installation of barricades and removal of the bridge deck and abutments; THAT the Town's solicitor be directed to take all actions necessary to complete the closure; and THAT Mr. Michael David and Mr. Van Schyndel be advised of Council's decision and be provided with a copy of Report WD-8-93. 2 .6 Advertisements were placed in the local newspapers regarding a Public Hearing and the Hearing was held on April 26, 1993. A copy of the minutes of the Public Hearing are attached to this report (Attachment No. 2 ) . There were three ( 3) delegations at the Hearing, all of whom oppose the closing of the bridge. 3.0 REVIEW AND COMMENT 3.1 Objections As noted in the minutes of the public meeting, Mr. Joe Drew, 6625 Holt Road, Mrs. Alwine David, 30 Williams Mill Road and Mr. E. A. Spong appeared before Council. Mr. Spong was speaking on behalf of Mr. Gerry Schyndel. � A REPORT NO. : ADDENDUM TO WD-8-93 PAGE 5 3 . 1. 1. Mr. Joe Drew Mr. Drew indicated that he is the former owner of the property now owned by Mr. Gerry Van Schyndel and he presently owns adjoining land to the north and that he feels that the closure of the bridge will cause a great inconvenience for citizens who use the road. Response: There are two (2) properties which had some benefit of the bridge: the Michael David's on the east side and the Van Schyndel's on the west side. Williams Mill Road is a very narrow road and, for the most part, would only be used by the property owners of each side of the bridge. Both of these property owners have access to their property even with the bridge closed. The road is very narrow and it is unlikely that any of the general public would ever want to use the road. 3 . 1.2 Mr. E. G. Spong Mr. Spong indicated that his client, Mr. Van Schyndel, has the same concerns as expressed by Mr. Drew. Also, Mr. Spong indicated that, if the bridge is closed, the value of his client's property will drop to approximately one-third of the estimated 1990 value. Response: The bridge has been closed since 1990 and Mr. Spong did not produce any evidence to substantiate his claim regarding the drop in property value. 1U93 REPORT NO. : ADDENDUM TO WD-8-93 PAGE 6 3 . 1 .3 Mrs. Alwine David At the public hearing held on April 26, 1993, Mrs. David voiced the following concerns: a) She and her husband own property on both the east and west sides of the Bowmanville Creek and they require the bridge in order to maintain the fence line on the property (on the west side) and to bring wood out of the property; and b) The whole creek valley would be lost for cattle pasture and that Mr. and Mrs. David need to establish a new fence on the east side of the creek and use well water to water the cattle. Also, the existing well is not sufficient to support the additional drinking requirements of the cattle. Response: A meeting was held with Mrs. David on November 3, 1993, to discuss her concerns. All of Mrs. David's concerns are based on the premise that they would have to drive about 5.8 kms (3.6 miles) return trip to gain access to their property on the west side of the creek. None of the activities expressed are done on a daily basis. In addition to the above-noted concerns, in a letter dated March 27, 1993, Mr. and Mrs. David stated that, if the bridge is closed, their property should be reassessed for property tax purposes. � U94 REPORT NO. : ADDENDUM TO WD-8-93 PAGE 7 Response: It is suggested that, if Mrs. David believes that their property should be reassessed because of closure of the bridge, she contact Mr. Steve Galloway, who is the property assessor for their neighbourhood, to determine if an assessment reduction is warranted. Mr. Galloway can be reached at 1-800-268-2224 . His office is located at 605 Rossland Road East, Whitby. 3.2 Legal Issues At the meeting held with Mrs. David on November 3, 1993, two (2) legal issues were raised: 3 .2 . 1 Does the Municipality have a legal responsibility to replace the bridge? Response: No 3 .2 .2 If the Municipality were to convey the bridge and land abutting the bridge on either side of it to a private land owner, would the Municipality have continuing liability for any personal injury or property damage resulting from use of the bridge? I Response: Yes. 4.0 CONCLUSIONS AND RECOMMENDATIONS 4 . 1 From the above, it is concluded that: a) The closure of the Williams Mill Road Bridge does not have any direct effect on Joe Drew. � U9 REPORT NO. : ADDENDUM TO WD-8-93 PAGE 8 b) It presents an inconvenience to Mr. and Mrs. David but does not deny them access to their property on the west side of the Bowmanville Creek. c) Based on the information provided by Mr. Spong on behalf of Mr. Van Schyndel, the closure of the bridge does not depreciate the value of Mr. Van Schyndel's property. d) There are only two options: replace the bridge or close the bridge. 4 .2 Based on the above, it is recommended that Council approve the proposed By-law (Attachment No. 5) . 4 .3 A copy of this report has been provided to Mr. Joe Drew, Mr. and Mrs. Michael David and Mr. E. G. Spong and they have been advised that, if they wish to be placed on the agenda to be heard as a delegation regarding the report, they must advise the Clerk not later than noon on Wednesday, February 2, 1994 . Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. M e Marano, H.B.Sc. , AMCT Director of Public Works Acting Chief Administrative Officer WAE*ph January 27, 1994 Attachments pc: Mr. & Mrs. Michael David 30 Williams Mill Road R.R. #1 Bowmanville, Ontario L1C 3K4 i U96 i REPORT NO. : ADDENDUM TO WD-8-93 PAGE 9 Mr. E. G. Spong Barrister & Solicitor 124 Byron Street North Whitby, Ontario L1N 4N8 Mr. Joe Drew 6625 Holt Road Bowmanville, Ontario L1C 3K4 I i i �.� 9 w Qw U 0 - - - - - - - - - - - - -JOSEPH ICHAEL DREW VID'S PROPERTY O WILLIAMS HOUSE O HOUSE (FORMER DREW RESIDENCE) OSHAWA INTERLOCK INC. MILL ROAD - (GERRY VAN SCHYNDEL) - I - ALWINE - Il DAVID O PART 2 OF LOCATION OF OLD BRIDGE v = PLAN 40R- 14291 w J _J z � I FORMER TOWNSHIP 61 DARLII GTON I U-j D" "Ji id CT ITEL LO 6 z ONCES 1 N RD. 7 0 Q Q O a uu aow D N Q z 0 o O DRAWN BY: J. M DATE: JULY 1992 Q O w ATTACffifiNT #1 C CESSION D. 6 Addendum to WD-8-93 i �qC.,)- Y W W U O JOSEPH ICHAEL DREW VID'S PROPERTY 0 � WILLIAMS HOUSE HOUSE (FORMER DREW RESIDENCE) 0 OSHAWA INTERLOCK INC. MILL /ROAD (GERRY VAN SCHYNDEL) ALWINE 1 DAV I D r'. u PART 2 OF LOCATION OF OLD BRIDGE lJ PLAN 40R- 14291 0 'J 0 m FORMER TO SHIM 0 DARLDICTON B�I E CT Lo ITE 0 ONCES I N R.D. ,7/ z 0 Q ° 0 O ULL R o' z 0 0 DRAWN BYDRAWN J� DATE: JULY 1992 Q Lu ATTACHMENT NO. 1 C CESSION D. �6 � t O 05 ADDENDUM TO WD-8-93 Council Minutes - 2- April 26, 1993 PUBLIC MEETING Mayor Hamre announced that the Council of the Town of Newcastle is holding a public meeting for the purpose of citizens wishing to express their concerns regarding By-law 93-60, being a by-law to stop-up and close part of the road allowance to vehicular traffic in Lot 19, Concession 6, former Township of Darlington (Williams Mill Bridge) Town of Newcastle, Part 2, Plan 4OR-14291. Mr. Joe Drew, 6625 Holt Road, Bowmanville, indicated that he is the former owner of the subject property and he presently owns adjoining land to the north. Mr. Drew indicated that many dollars have been spent on this bridge over the years and that the closure of it will cause a great inconvenience for citizens who use the road. He also indicated that the road is unique and that some importance should be placed on the historic value of the bridge. Mrs. Alwine David, 30 Williams Mill Road, R.R. #1, Bowmanville, voiced her concerns with respect to the closure of the bridge. She indicated that she and her husband own land on both the west and east sides of the bridge and they require the bridge in order to maintain the fence line on the property and also to bring wood out of the property. should the bridge be dismantled, the whole creek valley would be lost for cattle pasture and Mr. and Mrs. David need to establish a new fence east of the creek and use well water to water the cattle. Their existing well is not sufficient to support the additional drinking requirements of the cattle. Mr. E. G. Spong, 124 Byron Street North, Whitby, LIN 4N8, appeared before Council on behalf of his client, Mr—Gerry Van Schyndel. Mr. Spong indicated that Mr. Van SdVndel has similar concerns to those stated earlier by Mr. Drew. Also, Mr. Spong indicated that if the bridge is closed, the value of his client's property will drop to approximately one-third of the estimated 1990 value. Closing the bridge will mean that Mr. Van Schyndel must drive an extra two miles out of his way to get to his property. ATTACHMENT NO. 2 ADDENDUM TO WD-8-93 I 1099 j Michael and- Ai'v,-ne David, R.R. I Bowmanvi--L-,e , 30 7iiiiams Mill Rd. Corporation of the Town of Jqewcastle 40 Tenipernce Street Bowmanville , Ont . LIC 3A6 March 22 , 1993 Dear Mr. T-,vans, Mr. Kotseff Fe : CLO "ih' ' OP BRIDG-';j PLAN 40R-14291 - FT-LjE : 1,07.4oO0.'4';'I A few years a ,o we 4er.e �:1' i-s t,d L) 10r. Donald Patterson, Manager of Oi�er«tions , Puplic works dt:partnient , Hampton, that the bridge would be closed to traffic. Barricades were erected SO that cars could riot go throu-;;L'h. C� We advised. 1,jTr. Patterson at 1:1-iat tj'i�,je L e that vve have land on the west side of the bridge and we need tae bride to ;,o over it with -3 trukto):• and small trailor in order to--maintalLn t,)e Fence line on the propei.•tv of Njichael D!jvid . Te also use wood front tfte rrore.rtY of Alwine David and -,;,;e need tree bl.•Idf:e tc) out . Patters:n rissured u , we would be able to use the briave , that a gate wou) d be installed below biae house with a lock anal we would jet a key to it in order to lictve access to our property . If perj:;anent barriers erected z;nd ttie b •id_,:e is disnianteid we loose the i)se Of oi.jr land , The whole creek-valley would be lost for cat-cle pasture . We would nave to estaDlisrj 11 no line east of tree creek �,nd ase. weil y,,a.tel, t(') tx:e 'cattle . Our existir)�; ~veil is not SLkf Cicient to su*C1,01-t ta(:; additional drinking, requirejyiettt�, for tne cattle. . If this Happens we feel. ta-Lat t,1-ti L;1 00erLy VIOUld uave to be reassessed fol• property tax pur-noses � since loose lot of usuabie land and it would vreatl 'Y diministj the value for cattle pasture Land would lend- t 1 4 e-27- h�� "woodJoi, oseie-s . Please consider not to nave the bridr�*e disrriartteld The cost of disi;iantelin-T be applied toward stren,--'the ning tree sti-ucture and.d .installin.- a gate be- ow our house with a lock as Mr. Patterson suggested. Thanking you for considerine-, Old,- letter ATTACHMENT NO. 3 ADDENDUM TO WD-8-93 F1' 7„r""( sincerely tz ;icn.ael David Twine David T MAR 025 c ri(tu rn!oni, Adioll i I I oncession Rod 7 Route whi 7the David can take ss th it property On the west i e I property of I operty of D vi Of the Creek '� Joseph Drew "' I I ( o I I Williams Mill Road 0 Property of Gerry Van Schyndel 0 O � I I ( Cn i a ° I Of I C ncession Road 6 ( I I I I C:\ATTACHS\DARL\WLMBDG2.DWG DRAWN BY: JM DATE: JAN. 1994 ATTACHMENT N0, 4 1 O 9 9 2 ADDENDUM TO WD-8-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to stop-up and close part of the road allowance to vehicular traffic in Lot 19, Concession 6, former Township of Darlington (Williams Mill Bridge) , Municipality of Clarington, former Town of Newcastle, Part 2, Plan 40R-14291, WHEREAS The Corporation of the Municipality of Clarington deems it desirable to stop-up and close part of the road allowance and the bridge to vehicular traffic in Lot 19, Concession 6, former Township of Darlington, Municipality of Clarington, described as Part 2, Plan 40R-14291, Municipal Act, R.S.O. 1990 c.m.45, x.297(9) . WHEREAS notice of the intention of Council to pass this by-law was sent to the Regional Municipality of Durham on the 23rd day of February, 1993, and the Regional Municipality of Durham granted approval of the proposed by-law by letter dated the 24th day of March, 1993. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS: 1. Part of the portion of the road allowance comprising all and singular that certain parcel and tract of land and premises, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham, Province of Ontario, and being composed of part of the road allowance (the approaches) and the bridge in Lot 19, Concession 6, former Township of Darlington, Municipality of Clarington, former Town of Newcastle, more specifically described as Part 2 on Plan 40R- 14291 deposited in the Land Registry Office for the Registry Division of Durham (No. 40) on June 26, 1992, is hereby stopped up and closed to vehicular traffic effective 19 BY-LAW read a first and second time this 14th day of February,, 1994. BY-LAW read a third time and finally passed this 14th day of February, 1994. MAYOR CLERK ATTACHMENT NO. 5 ADDENDUM TO WD-8-93 1099 3 i