Report to: Development Services Committee Date of Meeting: June 2, 2009

SUBJECT: Transit Rapidway on Municipal Rights-of-Way and Town Owned Lands

PREPARED BY: Brian Lee, Manager, Development Engineering and Transportation, Ext. 4838

RECOMMENDATION:

1) THAT the June 2, 2009 report entitled “Transit Rapidway on Municipal Rights-of-Way and Town Owned Lands”, be received;

2) AND THAT the Draft Guiding Principles be endorsed for the encroachment and maintenance agreement(s);

3) AND THAT the staff be authorized, based on the Draft Guiding Principles, to finalize negotiations with the Regional Municipality of York, on the terms of the encroachment and maintenance agreement(s) which establish the operations, maintenance and financial responsibilities of the parties for the operations of rapid transit vehicles on the Transit Rapidway on municipal rights-of-way or Town owned lands;

4) AND THAT the Mayor and Clerk be authorized to execute construction agreement(s) with the Regional Municipality of York or its designate, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor, designated for the construction of the Transit Rapidway and associated infrastructure on municipal rights-of-way or Town owned lands;

5) AND THAT the Mayor and the Clerk be authorized to execute encroachment and maintenance agreement(s) with the Regional Municipality of York or its designate in a form satisfactory to the Chief Administrative Officer and the Town Solicitor, for the use and long term maintenance of the Transit Rapidway on municipal rights-of-way or Town owned lands;

6) AND THAT the Chief Administrative Officer be authorized to execute amendments to the encroachment and maintenance agreement(s) with the Regional Municipality of York or its designate from time to time to reflect updated operations, maintenance and financial responsibilities;

7) AND THAT Staff be authorized and directed to do all things necessary to give effect to these resolutions;

8) AND THAT this report be forwarded to Bill Fisch, Regional Chair, Regional Municipality of York and Mary-Frances Turner, Vice-President, York Region Rapid Transit Corporation.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

The purposes of this report are to:

(1) Seek Council’s endorsement of the Guiding Principles which set out the operations, maintenance and financial responsibilities of the Town and Region of York in the operations of the portion of the Transit Rapidway on the Town’s rights-of-way or Town owned lands (i.e. South Town Centre Blvd, Cederland Drive, Enterprise Blvd, Civil Mall, and YMCA Blvd., etc.).

(2) Seek Council’s authority for staff to negotiate the terms of encroachment and maintenance agreement(s) based on the Guiding Principles.

(3) Seek Council’s authority for the Mayor and Clerk to execute construction agreement(s) and encroachment and maintenance agreement(s) with the Regional Municipality of York and/or operating authority for the construction, operation and long-term maintenance of the Transit Rapidway on municipal rights-of-way or Town owned lands.

BACKGROUND:

The Regional Municipality of York completed an individual environmental assessment for the Highway 7 Corridor and Vaughan North-South Link Public Transit Improvements Environmental Assessment (EA) in 2005 for public transit improvements in the Highway 7 corridor between Highway 50 (Region of Peel boundary) and York-Durham Line. The EA was approved by the Ministry of the Environment (MOE) in November 2006. The Rapidway, which is an exclusive use median right-of-way for authorized transit vehicles, will generally follow Highway 7 but there are some sections of the Rapidway on municipal rights-of-way or Town owned lands as per the details given below (see Attachment ‘A’):

o South Town Centre Blvd. from Highway 7 to Cedarland Drive (Section A on attachment)

o Cedarland Drive from South Town Centre Blvd. to Warden Avenue (Section A)

o Enterprise Boulevard from Warden Avenue to Rouge Valley Drive (Section B)

o Civic Mall from Rouge Valley Drive to future Sciberras Road (Section B)

o Enterprise Blvd. from future Sciberras Road to YMCA Blvd (Section C)

The recent Provincial funding announcement on April 1, 2009 includes these sections of the Rapidway for construction, from Richmond Hill to Markham Centre.

OPTIONS/ DISCUSSION:

Construction Agreements

The Rapidway on Town owned rights-of-way or lands will be constructed by the Region under construction agreement(s) between the Region and the Town. The construction agreement is expected to be executed in June, 2009 and will establish the parties’ obligations, pertaining to construction of the Rapidway on municipal rights-of-way or Town owned lands. The construction is expected to start in June 2009.

Construction Phases

The construction of the Rapidway on municipal rights-of-way or Town owned lands is planned in three phases:

· Phase 1

Phase 1 comprises the Rapidway on Enterprise Boulevard from Warden Avenue to Rouge Valley Drive and along the Civic Mall on parklands from Rouge Valley Drive to Birchmount Road. A design of the Rapidway along the Civic Mall will be integrated with the park design. The underground engineering design has been completed and Rapidway construction is expected to be started in June 2009. The design of Phase 1 was reviewed by Town staff, comprised of representatives from Engineering, Urban Design, Operations and Parks.

· Phase 2

Phase 2 comprises the Rapidway on municipal rights-of-way on South Town Centre Blvd. from Highway 7 to Cedarland Drive, Cedarland Drive from Town Centre Blvd. to Warden Avenue, Civic Mall from Birchmount Road to future Sciberras Drive, and YMCA Blvd. The preliminary engineering design has been completed and detailed design is in progress. Timing of Phase 2 will follow after Phase 1 is completed, tentatively around 2012.

· Phase 3

Phase 3 comprises the Rapidway on Regional lands and does not include any Town owned lands. Timing for Phase 3 is also 2012 and subject to funding approval.

Encroachment and Maintenance Agreement

The Town has to enter into an encroachment and maintenance agreement(s) with the Region and/or operating authority for the operation and maintenance of the Rapidway. Through this Agreement, rights of use, maintenance, and financial obligations etc. will be laid out. Appropriate permanent easements will be provided by the Town to the Region for Rapidway operations.

Draft Guiding Principles

The following Draft Guiding Principles will be followed in the preparation of the Encroachment and Maintenance Agreement:

A. Permission to Use Rapidway

a. Transit vehicles authorized by the Regional Municipality of York

b. Other vehicles operated by the authorized transit agency(s) (e.g. service vehicles, maintenance vehicles)

c. Town’s vehicles requiring access for maintenance and repair

d. Emergency vehicles

e. Vehicles with access permits from the Town (e.g. special delivery vehicles, special events at the Civic Mall)

B. Land Ownership

a. Rapidway in municipal rights-of-way are not designated as public highway but as Town’s land - Civic Mall

b. Except on Regional rights-of-way, Town owns all the land within the limits of the Rapidway fee simple

C. Insurance & Indemnity

a. The parties shall indemnify each other except for negligence by a party

b. Insurance coverage will be required by both parties

D. Level of Service

a. Level of service for routine maintenance to be finalized and specified

b. Level of service for capital repair or replacement to be finalized and specified

E. Routine Maintenance

a. Tasks to be included as Emergency Repairs will be specified

b. Carried out by Town for all infrastructure, e.g. storm sewer, minor repair of pavers, street sweeping, garbage collection, winter maintenance (ploughing, sanding, salting, snow removal)

F. Emergency Repairs

a. Items to be included as Capital Replacement/Repair will be specified

G. Capital Replacement / Repair

a. Items to be included in Capital replacement/repair will be specified

b. Can be carried out by Town at Region’s cost

c. Can be carried out by Region in consultation with Town

H. Cost Sharing & Financial Contribution

a. Expenditures for major repair and capital replacement are the responsibility of the Regional Municipality of York

b. Regional Municipality of York pays Town for routine maintenance

c. Financial Contribution (or Fee) from Transit Agency(s) to be finalized

d. Cost Sharing for signals and maintenance to be finalized

I. Dispute Resolution

a. Dispute resolution mechanism to be specified

J. Notice

a. Need to inform all parties for closure, disruption, etc.

b. Define notice prior to closure, disruption, etc.

c. Emergency repairs

FINANCIAL CONSIDERATIONS:

The Rapidway on Town owned lands will be constructed and funded by the Regional Municipality of York / YRRT Corporation. There will be no Town financial obligations related to the project other than the operation and maintenance of the sections of Rapidway on municipal rights-of-way or Town owned lands, which will be reimbursed by the Region as per the future maintenance agreement(s).

FINANCIAL TEMPLATE:

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The project is in line with the BMFT strategic focus area of Transportation / Transit as it will improve the rapid transit system in Markham and implement a project that is identified in Metrolinx’s the Big Move, the Region’s Master Transportation Plan Update. The alignment of the Transitway on Highway 7 will help to spur growth and density along this growth corridor.

BUSINESS UNITS CONSULTED AND AFFECTED:

This report is prepared in consultation with the Operations, Legal, Planning and Urban Design Departments.

RECOMMENDED BY:

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Attachment “A” – Area Map

Q:\Development\Engineering\REPORTS\2009\April\Transit Rapidway of Municipal Rights-of-Way and Town Owned Lands(revised1).doc

Q:\Development\Engineering\REPORTS\2009\April\Transit Rapidway of Municipal Rights-of-Way and Town Owned Lands(revised1).doc