Item - 2019.TE6.51

The Toronto and East York Community Council:

1.  Authorized the City to enter into, and the General Manager, Transportation Services or the Director, Permits and Enforcement to execute an encroachment agreement with Maple Leaf Sports and Entertainment Partnership to permit the installation, maintenance and repair of a 1.26 metre high by 8 metre long permanent, manually operated, barrier gate on Bremner Boulevard located approximately 11.0 metres from Lake Shore Boulevard West, as well as a 4.57 metre by 1.25 metre swing gate located on Bremner Boulevard immediately at the intersection of Lake Shore Boulevard West subject to the following conditions:

a. Maple Leaf Sports and Entertainment Partnership enter into the encroachment agreement with the City of Toronto at its expense, which agreement shall include the terms identified in paragraphs 1 to 8 of Section 743-34.D in Chapter 743 of the Toronto Municipal Code, together with the following.

b. Maple Leaf Sports and Entertainment Partnership assume all liability related to the installation, maintenance and repair of the encroachments including providing an indemnity in a form as required by the General Manager, Transportation Services and the City Solicitor.

c. Maple Leaf Sports and Entertainment Partnership obtain and maintain in good standing insurance in an amount and form as required by the General Manager, Transportation Services and the Chief Financial Officer and Treasurer.

d. Maple Leaf Sports and Entertainment Partnership obtain and maintain in good standing any permits or consents required by law including municipal by-laws.

e. Prior to installation of the gates, Maple Leaf Sports and Entertainment Partnership obtain all utility locates.

f. Footings for the encroachments not exceed 1.2 meters below grade.            

g. Any protruding objects to be cane detectable, where the lowest edge of the object should be no higher than 680 mm above the ground to ensure a person swinging a white cane left and right will be able to detect the protruding element.

h. A red and white retroreflective banding and "Do Not Enter/ Road Closed" sign RB92 must be attached to the barrier gate.

i. Any other conditions considered appropriate by the General Manager, Transportation Services and in a form acceptable to the City Solicitor.

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City Policy or by-laws.

Transportation Services is requesting authority to enter into an encroachment agreement with Maple Leaf Sports and Entertainment Partnership (MLSEP) to install, maintain and repair an 8 metre wide by 1.26 metre high permanent, manually operated, barrier gate located on Bremner Boulevard approximately 11 metres north of Lake Shore Boulevard West.  This barrier gate is being proposed to enhance pedestrian safety in this area of Bremner Boulevard during events at the Scotiabank Arena, and will allow the flexibility to open the roadway to general traffic when no events are scheduled, as this section of roadway has been permanently closed (since April 2018) for security reasons.  The gate will be operated solely by Toronto Police Services under the authority in the Highway Traffic Act. Maple Leaf Sports and Entertainment Partnership will be responsible for the installation and maintenance of the gate.

An additional swing gate (4.57 metres by 1.25 metres) is also being proposed to operate in tandem with the barrier gate, and will be located at the entry point of Bremner Boulevard at Lake Shore Boulevard West to prevent vehicles from being trapped on Bremner Boulevard between Lake Shore Boulevard West and the barrier gate when the barrier gate is closed.