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AGENDA - Special Council - 20090303NO.09-06 TUESDAY, MARCH 3, 2009 1:00 P.M. COUNCIL CNAMRERS AURORA TOWN NALL PUBLIC RELEASE March 2, 2009 �y AURORA TOWN OF AURORA SPECIAL COUNCIL MEETING AGENDA NO. 09-06 Tuesday, March 3, 2009 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved as presented. Ill CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION IV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5118-09.0 BEING A BY-LAW to confirm actions by pg. 14 Council Resulting from Special Council Meeting 09-06 on March 3, 2009 V ADJOURNMENT Special Council Meeting No. 09-06 Tuesday, March 3, 2009 Page 2 of 2 AGENDA ITEM 1. Correspondence from Coffey Geotechnics pg. 1 Re: PW09-010 — Ridgewood Condominium Tieback Encroachment Agreement RECOMMENDED: THAT the Mayor and Town Clerk be authorized to execute an encroachment agreement with The Rockport Group for the Ridgewood Condominium Development on 105 John West Way. SPECIAL, COUNCIL - MARCH 3, 2009 ITEM# Coffey ;; February 25, 2009 geotechnics SPECIALISTS MANAGING THE EARTH Town of Aurora 1 Municipal Drive, Box 1000 Aurora, Ontario L4G 6,11 Attention: Ilmar Simanovskis, P.Eng., MBA, PMP Director of Public Works RE: Tieback Installation, The Ridgewood 15-35 Hollandview Trail, Aurora, Ontario Coffey Geotechnics Inc., formerly known as Shaheen and Peaker (S&P) has reviewed the proposed shoring Installation details for the above captioned site. Given the existing subsurface conditions and the proximity of the proposed shoring installation from the existing Town Hall. Building, Coffey is of the opinion that the proposed installation will not have an effect on the existing Town Structure. The Town structure is well beyond the expected zone of influence that may be expected from the installation of this type of shoring system. We trust this addresses your needs at this time. For and on behalf of Coffey Geotechnics Inc. Davd.Le.Eng. Coffey Geotechnics, Inc. 20 Meteor Drive, Eloblcoke Ontario M9W 1A4 Canada Tel (416) 213 1255 Fax (416) 2131260 coffey.cbm - 1 - SPECIAL COUNCIL - MARCH 31 2009 ITEM# 9-2 i TOWN OF AURORA AURORA COUNCIL REPORT No. PW09-010 SUBJECT: Ridgewood Condominium -Tieback Encroachment Agreement FROM: Ilmar Simanovskis, Director of Public Works Techa Van Leeuwen, Director of Building DATE: February 24, 2009 RECOMMENDATIONS THAT the Mayor and Town Clerk be authorized to execute an encroachment. agreement with The Rockport Group for the Ridgewood Condominium Development on 105 John West Way, BACKGROUND The Ridgewood Condominium Development applied for a building permit August 19, 2008 to construct a five storey residential condominium. During the review process the developer advised that revisions were being made to the basement level and a shoring system would not be required for the excavation. However, no changes to plans were made and on December 16, 2008, the Building Department received an application for the construction of a shoring system required .to retain the earth along three of the property boundaries. Building Department advised the developer of the requirement to obtain approval from the Public Works Department for the encroachments of tie backs. On December 19, 2008, the Public Works Department received drawings for approval that included shoring and tieback systems that would encroach on the Town lands along Hollandview Trail, John West Way and portions of the Town Hall parking lot. Although structural and construction specifications of the shoring system are the responsibility of the Building Department, Public Works is responsible for approving the tiebacks that would be encroaching on Town lands in relation to utilities and underground works. This is the first application for the Town of Aurora that involves shoring tiebacks that would encroach on Town lands. COMMENTS. The Developer has recently requested that the Town permit the placement of tiebacks within the Town owned lands to facilitate construction of the building foundation. This type of system is required due to the depth of the excavation and the close proximity to the property line. Although common in larger and denser urban centres, this is the first request for this type of shoring system on Town lands. To respond to this request, staff reviewed industry and -2- SPECIAL COUNCIL - MARCH 3, 2009 ITEM# 1-3 February 24, 2009 - 2 - Report No. PW09.010 municipal practices for this type of encroachment and met with the Developer and their engineering staff to fully appreciate the implication of this proposal. Review of Industry Standards Policies and procedures have been reviewed from other municipalities where this type of construction has been experienced. The proposed shoring and tieback system is commonly used in other municipalities where construction of deep foundations occurs at close proximity to the property line. Although the anchors will encroach on the public right of way, they are placed well below the utilities,. sewers and watermain infrastructure with sufficient clearance to avoid future conflict. Once the foundations are completed, the deep tieback anchors are no longer required and typically remain in place. Based on the review of typical agreements, the following conditions are recommended to protect the Town interests: • That an encroachment agreement be executed prior to installation of the system. • That the Developer provide confirmation of clearance from all potential utility, companies verifying that no conflicts exist and that required separation distances are maintained. • That monitoring of movements along the shoring wall be undertaken by the Developer and provided to the Town as required. • That any damage to utilities, Town infrastructure or private appurtenances be restored by the Developer to the Town's satisfaction • That the Developer indemnify and save harmless the Town from any claim whatsoever arising from the granting of this access. • That insurance be provided to the amount stipulated in the agreement. Legal Services have reviewed.the above requirements and have developed an appropriate shoring and encroachment agreement that will satisfy the requirement of the proposed construction method as well as protect the interests of the Town. Application Process Once the Tieback Encroachment Agreement is signed, the Public Works Department will issue a Tieback Encroachment Permit which will set out the conditions and provide confirmation to the Building Department that Public Works has accepted the encroachment of the shoring.system on the Town owned lands. -3- SPECIAL COUNCIL - MARCH 3, 2009 STEM # 1-4 February 24, 2009 - 3 Report No. PW09-010 Future Policies Future intensification in the downtown core of Aurora will most likely require this same type of foundation shoring system. To prepare, staff will be developing a formal policy regarding the use of shoring and tiebacks on Town owned land. FINANCIAL IMPLICATIONS There are no financial implications to the Town. The permit process will require fees for review and application processing. OPTIONS 1. Council may not choose to sign the subject agreement. CONCLUSIONS Use of shoring and tiebacks is a typical construction method that is applicable to deep excavations and foundations. Encroachment of the tiebacks onto adjacent lands will occur when the building is located close to the property line. To permit the encroachment of tiebacks (into the Town's lands and rights of way, it is necessary that the Developer enter into an Encroachment Agreement with the Town. LINK TO STRATEGIC PLAN Objective B1: Plan for the future to continue controlled and well -planned growth Objective D1: Continue the commitment of fiscal responsibility and accountability Objective D2: Enhance customer service ATTACHMENTS • Appendix "A"- Location map • Appendix "B"- Typical Section of Tieback System • Appendix "C"- Shoring and Tieback Encroachment Agreement PRE -SUBMISSION REVIEW Senior Management Team Meeting — February 4, 2009 Prepared.by: llmar Simanovskis, Director of Public Works, Ext. 4371 - 4 - SPECIAL COUNCIL - MARCH 3, 2009 ITEM # 1-5 February 24, 2009 - 4 - Report No. PW09.010 Techa van.Leeuwen Director of Public Works; Director of Building Neil Garbe Chief Administrative Officer -5- SPECIAL COUNCIL - MARCH 3, 2009 11TEM ## 1 - 6 e PROPOSED ENCROACHMENT LOCATION RIGHT-OF-WAY ® PROPOSED ENCROACHMENT LOCATION TO TOWN HALL APPENDIX "A" RIDGEWOOD CONDOMINIUM SITE PUBLIC WORKS DEPARTMENT JANUARY 2009 -6- SPECIAL COUNCIL o n = � 1:4 6(q s ed i APPENDIX " B" g! o t i jtib m i I , 1 O34V55V _ �¢( N i00L1 - Ipp. 'JL_� _ O a/o woea £Ex09EM O d 3Nn .ua a W pp 0a og? Li ~ OK 43 OI O ui K ;0 ili N z 2 a = � aav° i n u U .' ow s So 3 Uj W f SPECIAL COUNCIL - MARCH Z =9nen1 ITENj _1 - 8 APPENDIX " Y THIS AGREEMENT made this day of 2009. BETWEEN RIDGEWOOD DEVELOPMENTS INC. (hereinafter called the "Owner') PARTY OF THE FIRST PART and - THE CORPORATION OF THE TOWN OF AURORA (hereinafter called the "Town") PARTY OF THE SECOND PART WHEREAS the Owner warrants that it is the owner of the lands described as Part of Lot 82, Con. 1, Parts 1 and 2, 65R-28582, Town of Aurora, Regional Municipality of York, formerly in the geographic Township of Whitchurch (the "Lands"); AND WHEREAS the Owner proposes to construct a 5 storey residential building on the Lands (the "Construction Project'); AND WHEREAS the Town owns the road and other property abutting the Lands as shown on the sketch attached hereto as Attachment 1 (the "Town Property") AND WHEREAS the Owner considers it sound engineering practice to provide temporary support for the Construction Project excavation through the installation of tie -backs; AND WHEREAS the tie -backs will be required to be installed underneath a portion of the Town Property; AND WHEREAS the Owner has requested permission from the Town to permit the installation of the tie -backs underneath the Town Property; AND WHEREAS the Town, under the Municipal Act, 2001, as amended, has general powers to permit the installation of the tie -backs under the Town Property; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of One Dollar ($1.00) of lawful money of Canada now paid by the Owner to the Town (the receipt of whereof is hereby acknowledged), the parties covenant and agree as follows: 1. The Town grants to the Owner, its agents, employees and independent contractors a. license to encroach upon and to occupy a portion of the subsurface of the Town Property with underground tie -backs necessary for, the Construction Project upon the issuance of a Public Works permit subject to the terms and conditions herein contained to be performed and observed by the Owner. 2. The License terminates after the tie -backs installed are no longer required for the Construction Project. 3. The parties acknowledge that the tie -backs will be non-functioning at the end of the Construction Project and will remain under the Town Property after completion of the Construction Project, 4. The tie -backs shall be installed on the Town Property at the locations shown on and in accordance with the Plans listed on Attachment 2 attached hereto. -8- SPECIAL COUNCIL - MARCH -9 5. Before commencing the installation of the tie -backs, the Owner shall obtain and provide the Director of Public Works with written permission from utilities other jurisdictions that may be affected by the installation, retain a professional engineer.to provide the engineering drawings, to supervise the installation and to certify completion of the installation and obtain a non transferrable permit from the Town's Public Works Department. The Public Works permit shall be subject to the conditions set out in Attachment 3 to this Agreement and the Owner agrees to comply with and be bound by these conditions. 6 The Owner agrees to pay all inspection charges and the costs of any repairs to utilities, sewers, water mains, sidewalks, boulevards and roadways resulting from the installation ,regardless of the cause of the damages as determined by the Director of Public Works. 7. The Director of Public Works, if made aware of any detrimental movement as a result of the installation of the tie backs or as identified by the Engineer, shall direct the Owner to stabilize the situation to the satisfaction of the Director of Public Works. Excavation may resume with the written permission from the Director of Public Works after the movement is stabilized. 8. The Owner agrees to pay to the Town, upon execution of this Agreement, the following fees: a) $1,000.00 (permit fee); b) $2,880.00 (Engineering review fee); and c) $1,315.00 (Legal fee for the preparation of this Agreement) 9. The Owner and the Town acknowledge that an insurance certificate for the development of the Lands has been provided by the Owner to the Town in accordance with the Site Plan Agreement. The Town hereby agrees that said insurance certificate is sufficient coverage for personal.or bodily injury, death or property damage relating to the use and removal of the Works encroaching on the Municipal Lands arising in connection with the Town granting the License under this Agreement. 10. All notices or other documents required or which may be given pursuant to this agreement shall be in writing; duly signed by the party giving such notice and transmitted by registered or certified mail, as follows: Town: Town of Aurora 1 Municipal Drive, Box 1000 Aurora, Ontario, L4G 6J1 Attention: Town Clerk Fax No.: (905)-726-4732 Owner: Ridgewood Developments Inc. 170 The Donway West, Suite 307 Don Mills, Ontario, M3C 2G3 Attention: Jack Winberg, Director Fax No.: (416) 445-4849 11. The Owner agrees to indemnify and save harmless the Town from all costs, losses, damages charges, expenses, suit or lien for any reason whatsoever arising as a result of the installation of the tie backs on the Town Property or any removal or alteration thereof. 12. The Owner acknowledges and agrees that the Town may at any time with just cause, at its sole and absolute discretion, terminate this Agreement upon delivery of Notice to the Owner. The Owner further acknowledges and agrees that the Town shall not be liable to pay any compensation whatsoever -9- SPECIAL COUNCIL — MARCH X-2009nent 11rFM 431 — 10 for any loss, costs or damages which maybe suffered o'r incurred by the Owner or any person claiming through or under the Owner by reason of such revocations and termination. 13. It Is expressly understood and agreed that the remedies of the Town under this Agreement are cumulative, not alternative, and the exercise by the Town of any right or remedy for the default or breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of, or alter, affect, or prejudice any other remedy or other rights or remedies to which the Town may be lawfully entitled for the same default or breach. Any waiver by the Town of the strict observance, performance, or compliance by the Owner of any term, covenant, condition, or agreement herein contained or any indulgence granted by the Town to the Owner shall not be deemed to be a waiver of any subsequent default or breach by the Owner nor entitle the Owner to any similar indulgence heretofore granted. 14. 'The Owner acknowledges having read, understood and agreed to the provisions of this Agreement and therefore executes this Agreement as of the date set below. IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly attested by the hands of the proper signing officers in that behalf, and the Parties and witnesses have hereunto set their hand and seal. RIDGEWO D DEVELOPMENTS INC. Per Name: Title: Name: Title: (IIWe have the authority to bind the Corporation) THE CORPORATION OF THE TOWN OF AURORA Phyllis M. Morris, Mayor Lucille King, Town Clerk -10- SPECIAL COUNCIL - MARCH ATTACHMENT Sketch of Town Property -11- SPECIAL COUNCIL - MARCH IITFM $51 - 12 ATTACHMENT List of Plans Isherwood Drawing No. SH1 . 08/09/05 Excavation Shoring Plan, Details and Notes Isherwood Drawing No. SKI 09/02103 Typical Section at John West Way -12- SPECIAL COUNCIL - MARCH IITEM i161 - 13 ATTACHMENT 3 Terms and conditions of Permit 1. The Owner agrees to pay all inspection charges and the cost of any repairs to utilities, sidewalks, boulevards, pavements and roadways resulting from the installation. 2. The Applicant will be responsible for obtaining and pay for any necessary agreement or permission from any utilities or services which may be affected by the installation including those of the Town and/or Regional Municipality of York. 3. The Applicant shall obtain approval for associated works on private property from the Town's Building Department. 4. The installation is subject to the advance approval of the Supervisor of Roads/Traffic of the Operations department and must comply with any Right- of-way Road cut permits. 5. The Owner shall remove any tie -backs within 1.5 metres below existing Right- of-way grade. 6. The permit is not transferable to another person or owner. 7. On completion the Owner agrees to restore the Town Property to the satisfaction of the Director of Public Works. 8. The Applicant agrees to indemnify and save harmless any other municipality, Corporation, Boards, Commissions or Bodies having utilities or services on or in the road allowance which may in any manner be affected by the installation, from all costs, losses, damages, charges or expenses on account of the installation of the tie -backs on the Town Property. g. As built drawings shall be signed and sealed by an engineer. indicating all work remaining including elevation(s) at each end of the tie -back within the Town Property and submitted to the Director of Public Works. 10. If applicant fails to comply with the Town's request regarding maintenance or in the case of an emergency, a 10% management Fee plus_a 30% dislocation foe will be charged above the actual cost of labour and materials and the responsible party involved accordingly. 11. Vehicular and pedestrian traffic must be maintained at all times. 12. 'At any time, the Director of Public Works may issue a stop work order to cease and desist Installation should there be an adverse affect on adjacent properties or safety of the public. 13. Sub grade restoration is to be backfllled with native materials up to the top of the existing sub grade and compacted to a minimum of 95% Standard Proctor Density. The final 150mm shall consist of topsoil and laid with nursery grade sod. 14. The Owner shall comply with all by-laws and regulations of the Town. 15. Deviations from the plans must be approved by the Director of Public Works for the Town prior to proceeding with the installation. 16, Should any of the above items 1) to 15) not be carried out to the satisfaction of the Town then Director of Public Works may request an alternative method to be used. ,13- SPECIAL fOUNCI4j - MARCH 3, 2009 By-law 5110-09.0 - 1 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5118-09.0 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council Meeting 09-06 on March 3, 2009, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the actions of the Council at its meeting held on March 3, 2009 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. 11 READ A FIRST AND SECOND TIME THIS 3rtl DAY OF MARCH, 2009. READ A THIRD TIME AND FINALLY PASSED THIS are DAY OF MARCH, 2009. PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK -14 ADDITIONAL ITEMS TABLED FOR SPECIAL COUNCIL MEETING Tuesday, March 3, 2009 New Delegation (a) --- Mr. Gilles Bisnaire Re: Ridgewood Development Inc.