HomeMy WebLinkAboutENG 14-13 City A. Report to
Council
I SKEWIKX Report Number: ENG 14-13
Date: October 28, 2013
From: Richard W. Holborn
Director, Engineering & Public Works
Subject: Noise Attenuation Wall — Bayly Street
- File: A-1440 •
Recommendation:
1. That Report ENG-14-13 from the Director, Engineering & Public Works regarding the
construction of a Noise Attenuation Wall on Bayly Street be received;
2. That the Mayor and Clerk be authorized to execute an Encroachment Agreement
with the Regional Municipality of Durham to address liability and maintenance
responsibilities of the noise attenuation wall located on the Bayly Street road
allowance, substantially in the form of Attachment#1, subject to such minor
revisions as are satisfactory to the Director, Engineering & Public Works, and the
Director, Corporate Services & City Solicitor;
3. That the Mayor and Clerk be authorized to execute an Agreement with the Ministry
of Transportation Ontario for the cost-sharing of the construction of the noise
attenuation wall, substantially in the form of Attachment#2, subject to such minor
revisions as are satisfactory to the Director, Engineering & Public Works and the
Director, Corporate Services & City Solicitor; and
4. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: The residents of Marinet Crescent have been requesting
appropriate measures to address noise, which is a result of the widening of Bayly Street
by the Region of Durham, widening of Highway 401 by the Province of Ontario, and
noise and vibrations associated with the VIA/GO line all running parallel to the rear of
their properties. After Council passed Resolution #173/04 in December 2004
requesting a review of this matter, discussions took place between the City, the Region
and the Ministry of Transportation. Noise testing was carried out and has confirmed the
level of noise is in excess of acceptable standards, however, funding for the project was
not available. The Ministry of Transportation Ontario has received funding and is now
ready to proceed with the construction of the noise attenuation wall this year. In order
for the project to proceed, the City must enter into an encroachment agreement with the
Region of Durham to address liability and future maintenance responsibilities and a
cost-sharing agreement with the Ministry of Transportation Ontario to address our
financial contribution to the project.
Report ENG 14-13 October 28, 2013
Subject: Noise Attenuation Wall — Bayly Street Page 2
Financial Implications: In 2011, Council approved $100,000 in the Roads Capital
Budget for the City's contribution of the cost sharing for this approximately $1,000,000
project. Future maintenance costs associated with the noise attenuation wall will be
addressed in future years' current budgets.
The Ministry of Transportation has recently tendered the project and is prepared to
award the tender. The City must enter into a cost-sharing agreement with the Ministry
of Transportation as a mechanism to flow our agreed upon cost-sharing amount of
$100,000 to them.
Discussion: As far back as December 2004, when Council passed
Resolution #173/04, it has been recognized that the residents of Marinet Crescent have
been requesting appropriate measures to address noise which is a result of the
widening of Bayly Street by the Region of Durham, widening of Highway 401 by the
Province of Ontario, and the noise and vibrations associated with the VIA/GO line all
running parallel to the rear of their properties. Noise testing and a technical feasibility
study were carried out in 2005 and confirmed the level of noise is in excess of
acceptable standards. The Ministry of Transportation Ontario is now ready to proceed
with the construction of the noise attenuation wall this year, as funding has been made
available. A Public Information Centre for this project was held at the Pickering Civic
Complex on Wednesday, June 19, 2013. The preferred alignment of the noise wall
along the south side of the sidewalk on Bayly Street was presented to the residents of
Marinet Crescent.
In 2006 a tri-party agreement was to have taken place between the Region of Durham,
the Province of Ontario and the City of Pickering to each pay a portion of the total costs
to construct a noise attenuation wall along the rear lots of all homes on Marinet
Crescent that abut Bayly Street. The City passed Resolution #21/11 in February 2011
advising the province that Pickering will budget $100,000 towards the project and
requesting the Region of Durham to assume responsibility for the maintenance costs
associated with the wall. The Region does not currently have a guideline or policy that
addresses the installation or long term maintenance of retrofit noise attenuation barriers
abutting a Regional Road right-of-way. Since the Region's inception, the Region has
not maintained or replaced rear lot fencing along Regional Road corridors. Therefore,
the Region has advised that responsibilities associated with the construction,
maintenance and liability of the retrofit noise attenuation wall, are with the local
municipality.
Since the Region of Durham does not assume any responsibility related to the
installation and maintenance of the retrofit noise attenuation wall, an encroachment
agreement will be required to permit the placement of the noise wall within the Regional
right-of-way on Bayly Street. The Region has provided approval for the noise
attenuation wall to be constructed, subject to the City entering into an encroachment
agreement. The City will be responsible for the maintenance of the wall upon
completion of the construction.
Report ENG 14-13 October 28, 2013
Subject: Noise Attenuation Wall — Bayly Street Page. 3
The City must also enter into an agreement with Ministry of Transportation Ontario for
cost-sharing for detail design, tendering and construction of the noise attenuation wall.
The City will have to cost-share on this project in the amount of$100,000 from funds
approved in the 2011 Roads Capital budget project 5320.1121. The project will be
financed through a five year internal loan.
The Engineering & Public Works Department recommends that Council authorize the
Mayor and Clerk to enter into an agreement with the Ministry of Transportation Ontario
for the cost-sharing for the construction of the noise attenuation wall on Bayly Street.
Staff also recommends that Council authorize the Mayor and Clerk to enter into an
Encroachment Agreement with the Regional Municipality of Durham for the
maintenance of the noise attenuation wall on Bayly Street.
Attachments:
1. Encroachment Agreement with the Regional Municipality of Durham
2. Agreement with Her Majesty The Queen in Right of the Province of Ontario, as
Represented by the Minister of Transportation for the Province of Ontario
3. City of Pickering Resolution #173/04
4. City of Pickering Resolution # 21/11
Prepared By: Approved/Endorsed By:
/Aat /
cif "I
Darrell Selsky, C , C Ill / Rich-rd Holbor,", P. Eng.
Manager, Capital Projects & Infr.structure Dir.etor, Engineering & Public Works
Stan Karwowski, MB
Division Head, Finance & Treasurer
DS:ds
Recommended for the consideration
. of Pickering City Council
a.;teudi 0417 2's zo/3
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT# I -.. TO REPORT# ENL& 14-13
I of 14
0 September 9,2013
RECEIVED
•
DURHAM
REGION SEP 13 2013
City of Pickering CITY OF PICKER1'+I
One The Esplanade
tG1ERtNG SERVICES
The Regional Pickering,ON
Municipality L1V 6K7
of Durham
Works Department Attention:. Darrell Selsky
605 ROSSLAND RD.E. • Re: Encroachment Agreement City Pickering
P.O.BOX 623 greement between the Ci of Pickerin
WHITBY ON L1N 6A3 And the Regional Municipality of Durham
CANADA Noise Attenuation Barrier—Bayly (RR#22),Pickering
905-668-7711 ti Bi y y Stree t,(RR#22,Pickerin
1-800-372-1102 Our File: ENC22-11
Fax:905-668-2051
Email:works@durham.ca
Enclosed please find four(4)copies of the above noted Encroachment
www.durham.ca Agreement to be signed by the City of Pickering. Please return all four(4)
a R.Curtis,P.Eng.,MBA copies to the undersigned. Once signed by the Regional Municipality of
Commissioner of Works Durham a fully executed copy will be returned to your office.
If you have any questions or concerns,please do not hesitate to call. .
Thank you,
../---; --....ai 'Zit-------.....
Catherine Stobbart
Real Estate Division
Encl.
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100%Post Consumer
•
ATTACH MENT# 1'. TO REPORT# CNG: -13
a of 14
THIS ENCROACHMENT AGREEMENT made this 30th day of August,2013.
BETWEEN:
THE CITY OF PICKERING
(the"City of Pickering")
-and-
THE REGIONAL MUNICIPALITY OF DURHAM
(the"Region")
WHEREAS the Region has jurisdiction of Bayly Street(Regional Road 22)(the
"Road Allowance").
AND WHEREAS the City of Pickering intends to construct a noise attenuation
barrier which will encroach on the Road Allowance at the location in the manner as
shown on the attached Schedule"A"(the"Encroachment");
AND WHEREAS the City of Pickering will be solely responsible for all costs,
present and future, associated with the design, construction, repairs and maintenance
of the Encroachment on the Road Allowance and the adjoining Boulevard as depicted
in Schedule"A"(the"Boulevard"), and the construction and maintenance of the
Encroachment and Boulevard shall be without cost to the Region.;
AND WHEREAS Regional Council has authorized the execution of an
encroachment agreement with the City of Pickering;
NOW THEREFORE THIS AGREEMENT WITNESSES the parties agree as
follows:
1. The Region grants to the City of Pickering permission to maintain the
Encroachment provided the City of Pickering is not in default of any of its
obligations under this Agreement.
2. The parties acknowledge and agree that upon the removal or destruction of the
Encroachment,the permission hereby granted and this Agreement will
automatically terminate and be of no further force or effect.
3. Nothing contained in this Agreement shall be construed as giving the City of
Pickering anything more than permission to maintain the Encroachment and the
Boulevard.
4. The City of Pickering shall at all times fully indemnify and save harmless the
• ATTACHMENT# TO REPORT# ENG Iq-13
3 o 14
-2-
Region against all actions,suits, claims and demands whatsoever that may be
brought against or made upon the Region and from and against all loss,costs,
damages,charges and expenses whatsoever that may be incurred, sustained or
paid by the Region for or by reason of or on account of the permission hereby
granted to the City of Pickering or the maintenance of the Encroachment. The
City of Pickering shall maintain the Encroachment(noise wall)and also be
responsible for the maintenance of the Boulevard between the back of curb and
the residential property line for the entire length of the Encroachment(noise
wall), including maintenance of the ditch and ditch inlet catchbasins.The City of
Pickering shall deal with and defend, at its own expense, all actions, suits, claims
and demands which may give rise to any loss indemnified hereby by any person
claiming to be entitled to any monies from the Region,and the Region agrees
that it shall not unilaterally settle any such actions,suits, claims or demands
without the consent of the City of Pickering. The Region shall give the City of
Pickering,notice of any action,suit, claim or demand which comes to its attention
and shall cooperate with the City of Pickering in any matters that are reasonably
necessary to the proper dealing with or defence of any such action, suit,claim or
demand.
5. The City of Pickering agrees to take out and keep in force during the term of this
Agreement a policy of Comprehensive General Liability insurance acceptable to
• the Region providing coverage in respect of any one incident pertaining to the
Encroachment to the limit of at least Five Million Dollars($5,000,000.00)
exclusive of interest and costs,against personal injury or loss or damage to
property and that such policy will name the Region as additional named insured
thereunder and will protect the Region against all claims or damage or injury,
including death to any person or persons, or damages to any property of the
Region or any other public or private property resulting from or arising out of any
act or omission on the part of the City of Pickering,their servants or agents and
persons permitted thereon by the Owner and to forward evidence of such
coverage to the Region upon request. Such insurance policy shall contain
provisions for cross liability and severability of interest and further that the policy
will not be changed or amended in any way or cancelled until 45 days after
written notice of such change or cancellation shall have been given to the
Region.
6. The City of Pickering shall pay to the Region any costs associated with
maintaining, repairing, relocating or reconstructing the Road Allowance that are
attributable, in the sole opinion of the Region,to the existence of the
•
ATTACHMENT#_LL_a TO REPORT# CNC„ 103
-3-
Encroachment. The City of Pickering shall not maintain any action or assert any
claim against the Region for any damage to any part of the Encroachment that
may result from the maintenance, repair, relocation or reconstruction of the Road
Allowance.
7. Where, in the opinion of the Commissioner of Works of the Region, it is
necessary to remove or alter the Encroachment or any part thereof,the City of
Pickering shall, at its own expense,and to the satisfaction of the Commissioner
of Works, alter or remove the Encroachment or any part thereof from the Road
Allowance, and restore the affected area upon receiving notice in writing from the
Commissioner of Works to do so,without being entitled to any compensation
whatsoever for such alteration or removal and restoration. If the City of Pickering •
neglects, refuses or fails to do so within 30 days of receiving the aforesaid notice
to alter or remove,then the Region may remove or alter the Encroachment or
parts thereof specified in the notice from the Road Allowance and restore same
to a safe and proper condition as determined by the Commissioner of Works at
the expense of the City of Pickering and the Region may recover such costs from
the City of Pickering in a like manner as taxes.
8. The City of Pickering agrees that for the purpose of this agreement, notice may
be given to the City of Pickering by mailing the same, by prepaid registered mail,
addressed to the City of Pickering at its address as last known and to the
Commissioner of Works. Such notice shall be deemed to have been received by
the Owner five(5)days following the date when it was mailed.
•
9.. Upon removal of the Encroachment,the City of Pickering shall be entitled to a
• full release from the Region of all obligations under this Agreement.
10. The burden of this Agreement and of all the covenants herein contained shall be
binding upon and enure to the benefit of the parties hereto and their respective
heirs,executors,administrators,successors and assigns.
11. The City of Pickering acknowledges and agrees to bear full legal and registration
costs associated with the registration of this Agreement against title to the
Property if required.
12. This Agreement shall read with all changes in number and 9 ender as may be
appropriate or required by the context.
. . ........ .
ATTACHMENT# / TO REPORT# ( I4-13
of
-4-
13. Any reference in this Agreement to the Region and/or the City of Pickering
includes the employees and/or duly authorized representatives and agents of the
respective parties to this Agreement.
14. It is agreed that this Agreement, including attached schedules, and recitals are
legally binding upon the parties to the Agreement and embodies the entire
agreement of the parties with regard to the matters dealt with in it, and that no
understandings or agreements,verbal or otherwise,exist between the parties
except as expressly set out herein.
IN WITNESS WHEREOF the parties have affixed their corporate seals,attested
by the hand of its duly authorized officers. '
THE CITY OF PICKERING
Dave Ryan, Mayor
(c/s)
Debbie Shields, Clerk
THE REGIONAL MUNICIPALITY OF DURHAM
Roger Anderson, Regional Chair&CEO
(c/s)
•
D. Bowen, Regional Clerk
•
•
CONTRACT •DRAWINGS
CONTRACT NO. 2013-2028 n
BOOK 1 OF 1
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INDEX • W.P. No. 2326-10-00
Contract No. 2013-2028 •
•
Sheet Sheet
No. ' Description No. Description
COVER SHEET
TITLE SHEET/KEY PLAN
INDEX
CONTRACT DRAWINGS
01 REMOVALS
02-04 NEW CONSTRUCTION
m
05-00 MISCELLANEOUS DETAILS Z
—4
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QUANTITY SHEETS �+
01 EARTH EXCAVATION(GRADING) Q
02-03 MISCELLANEOUS I
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CITY OF PICKERING
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METRIC PLATE No
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BREAKPOINTS ON THE CENTERUNE ALIGNMENT OF NOISE STA 10+000 TO STA 10+160 02
BARRIER ARE APPROXIMATE
LIMIT OF CONSTRUCTION
STA. 10+000 .
I ,.,,,n tosE 131446g 5.0m REENTER NOISE BARRIER 1
(EXISTING RETAINING WM.E SECTION) .I 5.0m RETAINED NOISE BARRIER
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5
1 .
B _______________
•ATTACHMENT# TOREPORT#, ENG 14-13
of. �v
Memorandum �`�=-�
Ontario
To: Darrell Selsky Date: August 12,2013
Manager,Capital Projects&Infrastructure
Engineering&Public Works Department
One The Esplanade,
Pickering,ON L1V 6K7 RECEIVED
From: Heather Nottbeck AUG � 2V3
Planning&Design,Toronto/Durham O
• 1201 Transportatio CITY
4th tFl n Bldg D ,,�y�RING SEt ICES
Downsview,ON M3M 1J8
Tel(416)235-4900
Fax(416)235-3576
Re: Bayly Street Noise Barrier Wall:MTO-Pickering Legal Agreement
Darrell,
Enclosed is the Legal Agreement between the City of Pickering and the Ministry of
Transportation for the Bayly Street Noise Barrier Wall Project. As requested, changes have
been made to the document to assign any warranties to the City and to add the City and the
Region as parties to be indemnified.
Please return the signed Agreement to me as soon as time allows.
Thanks,
114144 .
Heather Nottbeck, P.Eng
Planning&Design,Toronto/Durham
Ministry of Transportation
1201 Wilson Ave,4th Fl.,Bldg D
Downsview,ON M3M 1J8
(416)235-4900
ATTACHMENT# — TO REPORT# E.1 -I)
Z of.�
THIS AGREEMENT is made day of ,2013.
BETWEEN: •
HER MAJESTY THE QUEEN IN RIGHT OF
THE PROVINCE OF ONTARIO,AS REPRESENTED BY THE MINISTER OF
TRANSPORTATION FOR THE PROVINCE OF ONTARIO
(hereinafter referred to as the"Ministry")
OF THE FIRST PART
-and-
THE CORPORATON OF THE CITY OF PICKERING
(hereinafter referred to as the"City")
OF THE SECOND PART
WHEREAS
(1) The City has requested the Ministry to design and construct a noise attenuation barrier
along a portion of Durham Regional Road 22(as known as Bayly Street) in an effort to
reduce the noise resulting from traffic on the King's Highway 401 as more particularly
shown on Schedule "A" attached to this Agreement ("the Bayly Street Noise Wall
Barrier").
(2) The City has advised that the Regional Municipality of Durham ("Region"),having the
jurisdiction over Durham Regional Road 22, has agreed to grant the City an
encroachment in order to allow the construction of the Bayly Street Noise Wall Barrier
upon terms and conditions set out in the Region encroachment permit.
(3) The City has agreed to be fully responsible for and to maintain the Bayly Street Noise
Wall Barrier upon its construction completion.
(4) The City has agreed to contribute to the costs of the design and construction of the Bayly
Street Noise Wall Barrier.
(5) The Ministry recognizes the benefits of constructing the Bayly Street Noise Wall Barrier
on the Regional right-of-way on Bayly Street and desires to assist the City in this regard
upon the terms and conditions agreed upon in this Agreement.
ATTACHMENT# ° TOREPORT# ENC )t -/3
3 of (P
Page 2
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
premises and other good valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
1. The Ministry or its consultants,contractors or agents will undertake the work necessary
to design and construct the Bayly Street Noise Wall Barrier.
2. More particularly, the Ministry agrees to undertake all surveying, engineering
investigations, environmental studies, engineering design and other duties that are
normally associated with the design of a project of this type.
3. The City agrees to facilitate and obtain all permits required by the Region to perform the
work necessary to design and construct the Bayly Street Noise Wall Barrier.
4. While the Ministry is responsible for providing overall directions for the work to design
and construct the Bayly Street Noise Wall Barrier, it is understood by the parties and
agreed that the City will also be involved in some aspects of work for the Bayly Street
Noise Wall Barrier, although the amount of involvement from the Ci ty may vary
depending upon the circumstances and the Ministry's discretion. Toward that end, the
City and the Ministry agree to meet on an as required basis to discuss the work to design
and construct the Bayly Street Noise Wall Barrier.
5. The Ministry will be responsible for all costs to undertake the work necessary to design
and construct the Bayly Street Noise Wall Barrier,subject to such contributions from the
City as described in this Agreement.
6. The City agrees to contribute $100,000.00 toward the overall cost of the Bayly Street
Noise Wall Barrier. The City will pay this amount to the Ministry once the Bayly Street
Noise Wall Barrier construction is complete and upon being invoiced by the Ministry for
the said monies. Payment shall be made to the Ministry within 30 days of the receipt of
the invoice by the City.
7. The Ministry will be responsible for the construction administration associated with the
construction contract and other duties associated with the supervision and administration
of a construction project of this type. At the discretion of the Ministry,the Ministry may
retain the services of a consultant to perform such duties.
8. The Ministry advises and the City accepts that the Ministry's construction contract will
include provisions that the contractor retained by the Ministry will be fully responsible
for traffic control and safety during the construction of the Bayly Street Noise Wall
Barrier.
2
ATTACHMENT# _ TO REPORT# EN(,
of 4
Page 3
9. The Ministry advises and the City accepts that the Ministry's construction contract will
include provisions for resolving any and all construction liens filed with respect to the
Bayly Street Noise Wall Barrier.
10. The Ministry advises and the City accepts that the Ministry's construction contract will
provide that the Ministry's contractor shall be required to indemnify and save harmless
the Ministry,the City and the Region from and against any claim,action,cause of action
or liability from loss, damage, accident or injury in any manner arising due to, out of,
from or in connection with the work to construct the Bayly Street Noise Wall Barrier
undertaken and performed by the contractor under this Agreement, except for work
negligently performed by the Ministry.
11. The Ministry advises and the City accepts that the Ministry's construction contract will
• require that the Ministry's contractor will be required to maintain comprehensive
commercial general liability insurance, protecting indemnifying the Ministry, the City
and the Region from and against all claims for damage or injury to persons, including
• loss of life to persons,occurring during the work to design and construct the Bayly Street
Noise Wall Barrier.
12. The Ministry advises and the City accepts that the Ministry's construction contract will
require the contractor to provide a warranty of all construction works for a period of one
year following the date of acceptance of contract completion and subject to sign off by
the Ministry and City. The Ministry agrees to provide and the City agrees to accept that
the Ministry may assign to the City, in the Ministry's construction contract with the
contractor, the one year warranty for the construction of the Bayly Street Noise Wall
Barrier works provided by the Contractor along with any contractual rights to enforce this
warranty.
13. When the Ministry is satisfied that the Bayly Street Noise Wall Barrier has been
completed in accordance with this Agreement,the Ministry shall notify the City and the
Region shall have the Bayly Street Noise Wall Barrier inspected. If the City finds that
the Bayly Street Noise Wall Barrier has been completed to its satisfaction and this
Agreement,the City shall give the Ministry a written notice that the Bayly Street Noise
Wall Barrier has been completed.
14. While the Ministry will take normal precautions and construct according to the normal
practice of the Ministry of Transportation,no warranties are expressed or implied by this
Agreement as to the Bayly Street Noise Wall Barrier, except those warranties provided
by the Contractor as mentioned herein.
15. It is understood and agreed by the parties that upon completion of the construction of the
Bayly Street Noise Wall Barrier,the Region will maintain ownership of Bayly Street and
3
ATTACHMENT# TOREPORT# EN& X1-13
5 of 4
Page 4
the City will have responsibility for the maintenance of the Bayly Street Noise Wall
Barrier.
16. Upon completion of the Bayly Street Noise Wall Barrier and subsequent notice of its
completion; the City acknowledges that pursuant to section 33(1) of the Public
Transportation and Highway Improvement Act,the Bayly Street Noise Wall Barrier is a
municipal undertaking and the Ministry is not liable for any repair and maintenance of
the Bayly Street Noise Wall Barrier.
17. Any changes, alterations or amendments hereto, other than as herein specifically
authorized shall be made in writing signed by the City's authorized signing officers and
by the Ministry's Regional Director,Central Region or his nominee.
18. The City warrants that they have taken all necessary steps,done all acts,passed all by-
laws and obtained all approvals within their powers required to give them the authority to
enter into this agreement.
19. This Agreement shall be governed by the laws of the Province of Ontario and the laws of
Canada applicable thereto.
IN WITNESS WHEREOF the Minister, on behalf of the Party of the First Part,has hereunto
set his hand,and the Party of the Second Part has hereunto affixed its Corporate Seal under the
hands of its proper officers duly authorized in that behalf.
SIGNED AND SEALED this day of ,2013.
MINISTER OF TRANSPORTATION
FOR THE PROVINCE OF ONTARIO
SIGNED AND SEALED this day of ,2013.
THE CORPORATION OF THE CITY OF PICKERING
•
4
ATTACHMENT#1_ IOREPORT# ENG !4'13
L of
SCHEDULE`A'
to an Agreement between the Ministry of Transportation
and The Corporation of the City of Pickering
N �'`�� -mil_ -; <
+" J-:7--/--'-"-----' -----1"------....„--
___.A. ,__-
•7
,-Z.7 - ''7.,bf".6>" 61-7 . \.-\\\-(1- -
,40:1-7 0- 4, . -
/� / NOISE BARRIER''••.,
.%/.." / -WALL LIMITS '`,
•
/
380m
J
r
Bayly Street Noise Barrier Wail
South of Highway 401
East of Whites Road
5
ATTACHMENT# 3_ MREPORT# EN6 )14-13
) of Z
C-ifq oo Council Meeting Minutes
NCI+/O N X01 Monday, December 20, 2004
7:30 PM
Resolution #173/04
Moved by Councillor Brenner
Seconded by Councillor Ashe
WHEREAS the residents on Marinet Crescent and Eyer Drive, backing onto Bayly
Street, between Whites Road and West Shore Boulevard, have expressed concern
respecting the impact of noise from Highway #401, the CNR line, and VIA train activity,
and Bayly Street, on their living environment; and
WHEREAS the homes in this area of the City were constructed in the 1960's and
1970's, prior to the construction of Bayly Street between Whites Road and West Shore
Boulevard; and
WHEREAS residents have continually expressed concern over the increase in noise
levels that have occurred over the years as each of the noise sources was established
and/or increased in intensity; and
WHEREAS at a meeting held on December 6, 2004, the Region of Durham and the
• Ministry of Transportation staff advised that it is reasonable to consider this area of the
City for retrofit measures to address noise concerns through attenuation fencing, based
on the principle of cost sharing by all parties; and
WHEREAS the City of Pickering acknowledges the significance of area resident
concerns respecting noise levels in this area of the City and the impact of noise on the
residential living environment; and
WHEREAS Bayly,Street is under the jurisdiction of the Region of Durham which has
expertise and experience in addressing retrofit solutions to noise attenuation matters;
NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests the
Regional Municipality of Durham to coordinate a review of potential noise attenuation
measures and implementation strategies to address resident concerns in the area of
Bayly Street between West Shore Boulevard and Whites. Road, and that such
investigation include staff from the Ministry of Transportation, the CNR, GO Transit,
Region of Durham, City of Pickering and area residents; and •
FURTHER THAT the Region of Durham advise the City of Pickering of the work
program that it intends to undertake to address this matter; and
FURTHER THAT a copy of this resolution be forwarded to:
- 8 -
ATTACHMENT#__,3 sO REPORT# C1\1G+ 4-i3
of .2,
C-ifq o. Council Meeting Minutes
'Lit�ft.�,� i'wi'. ■
Monday, December 20, 2004
7:30 PM
o Minister of Transportation, the Honourable Harinder S. Takhar
o Development Review Coordinator, CN Railway Properties, Mr. G.
Woods
o Managing Director&CEO, GO Transit; Mr. G. McNeal
o Region of Durham Commissioner of Works, Mr. C. Curtis P.Eng., MBA
o Regional Council
o Mark Holland, MP, Ajax-Pickering
o Hon. Dan McTeague, P.C., MP Pickering-Scarborough East
CARRIED
Resolution #174/04
Moved by Councillor Brenner
Seconded by Councillor McLean
That Pickering Council directs the Director, Planning & Development to consider, as
part of the zoning strategy for Central Pickering, the use of holding provisions in zoning
by-laws for lands where studies are required related to the protection of First Nations'
site features and resources.
• CARRIED
(V) BY-LAWS
That Councillor Dickerson, seconded by Councillor Brenner, took leave to introduce by-
laws of the City of Pickering:
By-law Number 6413/04
Being a by-law to amend Restricted Area Zoning By-law 3037, to implement the Official
Plan of the City of Pickering, Region of Durham, north Part of Lot 14, Concession 9,
City of Pickering. (A 03/04)
By-law Number 6414/04
Being a by-law to authorize the release and removal of the Subdivision Agreement and
related amending agreement respecting Plan 40M-1602, Pickering, from title.
- 9-
ATTACHMENT#_ _ TO REPORT# ENG "+-13
_Lot
Czry a0 Council Meeting Minutes
Tuesday, February 22, 2011
NON-Ciatil t 7:30 PM
Council Chambers
Special In Camera Council Minutes, January 31, 2011
Special Council Minutes, January 31, 2011
Special In Camera Council Minutes, February 7, 2011
Special Council Minutes, February 7, 2011
Planning & Development Committee Minutes, February 7, 2011
Executive Committee Minutes, February 14, 2011
•
Carried
Resolution#20/11
Moved by Councillor O'Connell
Seconded by Councillor Dickerson •
That the rules of procedure be suspended in order to change the order of business to
allow the introduction of the Notice of Motion with respect to noise concerns on
Marinet Crescent to be dealt with before the delegations.
• Carried on a •
2/3 Majority Vote
Noise Concerns on Marinet Crescent
Councillor O'Connell provided the Chair with an amended notice of motion to introduce
to Council. Councillor O'Connell noted that the changes had been suggested by staff
in order to follow the proper processes for the 2011 Budget. A question and answer
period ensued.
Resolution #21/11
Moved by Councillor O'Connell
Seconded by Councillor McLean
WHEREAS the residents of Marinet Crescent have been requesting appropriate
measures to address noise which is a result of the widening of Bayly Street by Durham
Region, widening of Highway 401 by the Province of Ontario and vibrations associated
with the Via/GO line all running parallel to the rear of their properties; and
WHEREAS testing has been carried out and has confirmed the level of noise is in
excess of acceptable standards; and
WHEREAS in 2006 a tri-party agreement was to have taken place between Durham
Region, Province of Ontario and the City of Pickering to each pay a portion of the total
2 •
ATTACH MENT4_11 TO REPORT#tN G la-I 3
2. or 2i
Cali 00 _ Council.Meeting Minutes
Tuesday, February 22, 2011
Council Chambers
costs to construct.a noise attenuation wall along the rear lots of all homes on Marinet
that abut Bayly; and
•
WHEREAS to date no action has been taken to commence the construction of the '
Marinet noise attenuation wall;
NOW THEREFORE BE IT RESOLVED the City of Pickering advise the Province of •
Ontario of our intention to include the City's share of funding ($100,000) for the
construction of this project in our 2011 Budget;
AND FURTHER the City of Pickering request the Region of Durham to assume
14 responsibility for the maintenance costs for this noise attenuation wall;
•
AND THAT staff report back to Council no later than the April meeting of Council with
the timelines for commencing and completion of this project.
Carried Unanimously
On a Recorded Vote
(IV) Delegations •
Resolution #22/11
•
Moved by Councillor O'Connell •
Seconded by Councillor McLean
That the rules of procedure be suspended in order to allow for the additional
•
delegations of Don Harvey, Michael Fearon, Steve Murray and Bruce Smith.
Motion Lost on a Recorded
•
Vote as Follows:
Yes No
Councillor McLean Councillor Ashe
Councillor O'Connell Councillor Dickerson
• Councillor Rodrigues Councillor Pickles
Mayor Ryan
1. Durham Regional Police Update on Community Safety
Deputy Chief Sherry Whiteway appeared before Council relaying Chief Eweles regrets
as he was unable to attend. She provided an overview of their.completed 2011-2013
•
3•
•
eSCRIBE eSCRIBE ■Workflow.Status: eSCRIBE Approval Workflow
.YE ETIa G3,EVOt VtD
Workflow Information
Initiator: Stoddart,Katherine Document: ENG 14-13 Noise Attenuation Wall-Bayly Street
Started: 10/22/2013 11:50 AM Status: Approved
Last run: 10/22/2013 12:01 PM
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10/22/2013 11:50 AM Workflow Initiated Stoddart,Katherine eScribe Approval Started
10/22/2013 11:50 AM Task Created - Shields,Debbie Approval Task Assigned
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