HomeMy WebLinkAboutCRPS-05-093 - Train Whistles - Lackner and Victoria
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Finance and Corporate Services Committee
June 27, 2005
Gary Sosnoski, General Manager of Corporate Services
and City Clerk
Shayne Turner, Director of By-law Enforcement
Wards 1 and 2
June 20, 2005
CRPS-05-093
TRAIN WHISTLES - BINGEMAN'S CENTRE DRIVE
RECOMMENDATION:
That Transport Canada be requested to issue a train whistle cessation order for the level grade
crossing on Bingeman's Centre Drive, near the intersection of Victoria Street North and Lackner
Boulevard, also known as GEXR Mileage 59.80, Guelph Subdivision.
BACKGROUND:
As a result of the reconstruction and development of Bingeman's Centre Drive, a new level
grade train crossing was constructed on Bingeman's Centre Drive near the intersection of
Victoria Street North and Lackner Boulevard. The previous crossing, located approximately 300
metres south of the new crossing, at the original entrance to Bingeman's Park has been
removed.
Trains are required, pursuant to the Railway Safety Act, to blow their whistles when approaching
any level grade crossing. However, this legislation sets out a process whereby a municipality
can pursue having the whistles ceased provided safety factors are considered and, where
necessary, resolved.
Staff were in receipt of complaints from area residents once the crossing was operational.
Council has previously considered report #CRPS-03-212 and requested that staff pursue
options to have the train whistles ceased at this location.
REPORT:
The purpose of this report is to provide an update on where this issue currently stands and to
fulfill some of the obligations placed upon the City, pursuant to the regulations contained in the
Railway Safety Act, for requesting a whistle cessation order.
The process, as outlined in the Act, requires certain actions to be taken, most of which have
now be completed. The most significant requirement was to commission an engineer's report
outlining any safety concerns and required remedial actions. It is important to keep in mind that
this issue is all about safety, regardless of the number and nature of noise complaints. Unless,
the safety issues are resolved, the whistles cannot be ceased.
This review was conducted and the report received. The report indicated several safety
concerns relating to issues such as sight-lines, potential trespassing and signage. Most of the
concerns have been addressed, however there is still the outstanding issue of fencing
requested to be installed along the rail lines in certain locations.
It must be understood that some of the issues to be resolved fall under the jurisdiction of the
rail-line operator, in this instance the Goderich-Exeter Railway. As such, the City does not have
full control over how and when certain matters gets resolved. One such matter is the brush
clearing to improve sight-lines at the crossing. GEXR advised staff during the first week of June
that the cutting had been completed.
In addition to the above noted engineer's report, the Region of Waterloo's Transportation
Engineering staff had identified some concerns with the layout and operation of the crossing. In
March of this year, staff received a letter from the Region (copy attached), indicating that their
concerns have been resolved.
Staff note that this has been a long process to unfold. The affected residents have been very
patient, but have been assured that the City will continue to everything within our control to
resolve this matter.
As mentioned previously, this report will serve to address certain requirements of the Railway
Safety Act. The Council of a municipality is specifcally required to pass a by-law or resolution
officially requesting that Transport Canada issue the whistle cessation order and that public
notice be issued advising of Council's intention to do so. The recommendation contained in this
report and the public notice that was advertised in The Record 10 days prior to the June 27th
meeting will satisfy these particular requirements.
FINANCIAL IMPLICATIONS:
None identified at this time. In the event that there are potential costs associated with the
outstanding fencing issue, further details will be brought forward.
COMMUNICATIONS:
A notice of public meeting was advertised in The Record ten days prior to the June 27, 2005,
Committee meeting.
CONCLUSION:
The majority of the issues relating to obtaining a train whistles cessation order from Transport
Canada have been resolved. Staff will continue to work to resolving those that are outstanding.
The required documentation will be forwarded to the GEXR who will then forward their
recommendation to Transport Canada. Provided the federal agency is satisfied that all
conditions are met, the desired order will be issued and communicated to all railway authorities
accessing the crossing.
Shayne Turner
Director of By-law Enforcement
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