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HomeMy WebLinkAboutINS-18-012- Middle Strasburg Trunk Sanitary Sewer - Credit & Refund Agreement RequestREPORT TO: Planning &Strategic Initiatives Committee DATE OF MEETING: April 9, 2018 SUBMITTED BY: Hans Gross, Director of Engineering, 741-2200 ext. 7410 PREPARED BY: Linda Cooper, Manager Development Engineering, 741-2200 ext. 7974 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: February 6, 2018 REPORT NO.: INS-18-012 SUBJECT: Middle Strasburg Trunk Sanitary Sewer-Credit/Refund Agreement Request ___________________________________________________________________________ RECOMMENDATION: That Council authorize the Mayor and Clerk to execute a development charges credit/refund agreement with the developers (Kitchener Green 3 Developments Inc., Kitchener Green Developments Inc., Activa Holdings Inc., 2079546 Ontario Limited, Activa Investment Corporation, South Estates Kitchener G.P. Inc., Big Spring Farms Limited, B & B Kieswetter Excavating Inc., Deerfield Homes Ltd.) in respect to the developers payment for the costs of the engineering fees and construction of the Middle Strasburg Trunk Sanitary Sewer (MSTSS),in addition the agreement will contain provisions authorizing the acceptance of lands from the developers by the municipality on which the project will be constructed, to the satisfaction of the City Solicitor. BACKGROUND: In 1998 the City of Kitchener (EA) for the Middle Strasburg Creek Trunk Sanitary Sewer between Huron Road and Bleams Road. The trunk sewer will service future development within a portion of the Huron Community Plan which is bounded by Bleams Road to the north, Westmount Road to limit to the south. The Environmental Study Report was approved on April 17, 1998. No construction activity occurred within 10 years on the trunk sewer after receiving approval.Therefore, in accordance with the Municipal Class EA process, The City of Kitchener was obligated to review the planning and design details to ensure that the project and the mitigating measures outlined in 1998 are still valid given the current planning context and site *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 conditions, by means of an Addendum to the Class EA.The City of Kitchener completed the Addendum to the Class EA on February 28, 2003. Activa Holdings Incorporated initiated the development of stages 8, 9 and part of stage 10 of the Huron Village Subdivision, File 30T-01201. In accordance with the Subdivision Agreement, the Middle Strasburg Trunk Sanitary Sewer was required to be extended from its terminus at that time to Huron Road.The City received a request from Activa Holdings Inc. proposing that the City retain Stantec Consulting Limited as the engineering consultant to undertake the detailed design, contract administration and inspection for the Middle Strasburg trunk sewer project. Further to that Activa requested to execute a credit for Service Agreement with the City of Kitchener in respect to Activa paying the costs of the consultant fees and the construction of Middle Strasburg Trunk Sanitary Sewer project. Council approved this in March 2008 and the first phase of the trunk sewer was constructed. The Region of Waterloo completed a Class C Environmental Assessment for Fischer Hallman Road Improvements on March 2, 2016. The MOECC received multiple Part II Order Requests in association with the Environmental Assessment. The Region of Waterloo received notice from the Minister of Environment and Climate Change dated -Hallman Road (Bleams Road to Plains Road) Class EA Study and issued e single phase.A portion of the MSTSS, local sanitary sewer and local watermain are all within the impact area and are required to be completed in one construction phase as per the M order. REPORT: In accordance with the Kitchener Growth Management Plan and the 2014 Development Charge Background studies, the City of Kitchener is planning to construct the north (upstream) portion of the new Middle Strasburg Trunk Sanitary Sewer (MSTSS). This project is illustrated in Figure 1.0. The portion of the MSTSS from Huron Village Subdivision to the crossing of Strasburg Road and Strasburg Creek has been constructed. Approximately 1250 m of 3100 m are completed.The new trunk sewer will be approximately 1850 m long and will connect to the previously installed portion of this trunk sewer. 1 - 2 Figure 1.0 Middle Strasburg Creek Trunk Sanitary Sewer EA Alignment As identified in the 2018 capital forecast, the MSTSS project is budgeted mainly in 2022-2023, with a small amount of funding in 2018 ($213,000) for the portion of the MSTSS included as part of the Region of Waterloo tender for Fischer Hallman Road reconstruction. As part of the 2018 final budget day discussions, Council also approved advancing $680,000 of funding from 2022 to 2018 so the detailed design for the whole MSTSS project could be completed . The developers group wishes to expedite the construction of the MSTSS in its entirety and thus on February 7, 2018, the City received a development charges credit/refund application request from the developers to advance the detailed design and construction of the MSTSS. The developers have had ongoing discussion with the City. Staff at this time is in support of this application and to date the developer group has submitted all required information to process their application. A project team from various City departments was established to review the credit/refund application. Project team members included Engineering, Planning, Legal, and Finance. All members of the project team are in favour of the proposal. The project team has met with the developers to draft the agreement. The project is a development charge (DC) funded project and was identified in the 2014 DC Background study as shown in the table below. Values included in the 2018 budget reflect the timing change for the portion of the MSTSS related to the Regional 1 - 3 reconstruction of Fischer Hallman Road, completing detailed design in 2018, and also incorporate inflation. Total ProjectTimeframeTotal DC Study Reference Estimated Cost 1Middle Strasburg 2022-$4,707,813$9,415,626Hemson Consulting Creek Sanitary Sewer 2023 -$4,707,813Ltd., April 2014 TrunkProject SA8, p. 196 Other Considerations: As illustrated in Figure 2.0, all 13 parcels of land owned by the developers are dependent on the MSTSS being completed. Of critical note is the traffic on Fischer Hallman Road and the immediate need for capacity improvements to address the issue. The Region is assessing if temporary signalized improvements are required including a temporary rural widening potentially in 2019 but it would only be done if the core project was to be deferred by four to five years. This would be nearly 100% throw-away costs which is not a preferred option. 1, 2 Kitchener Green 3 Developments Inc. 8 Big Spring Farms Limited 3 Kitchener Green Developments Inc. 9 Activa Holdings Inc. 4 B&B Kieswetter Excavating Inc. 10 City of Kitchener 5, 13 20795446 Ontario Limited 11 Activa Investments Corporation 6 Stamm Investments Limited 12 Deerfield Homes Limited 7 South Estates Figure 2.0 Land Ownership 1 - 4 Project Costs The total preliminary cost estimate of the project is $9,415,626.00 in accordance with the 2014 DC Background Study. The cost estimate includes the following: o Engineering Fees for the project ($1,228,125.00) Consultant fees for detailed design, inspection and contract administration Cost for City staff including project management, tender advertisement, permit fees and administration Consultant cost for geotechnical testing, hydrogeological investigation, etc. o Middle Strasburg Creek Sanitary Trunk Sewer (Huron to Bleams Rd) and related works ($8,187,500.00) including a 25% contingency The developers will fund the project in two stages: o Upon execution of the credit for service agreement the developers agree to pay in full the total cost of the design work and the construction portion within the Fischer Hallman Road right-of-way, namely $893,000.00 ($213,000+$680,000). o Upon execution of the credit for service agreement the developers agree to deposit an irrevocable letter of credit in the amount of $1,000,000. The letter of credit will have an automatic renewal clause. o Prior to the award of tenders, the amount of the letter of credit will be modified to match the full amount of the contract price for the creditable works, so that all of the In addition, all property required for the construction, maintenance and ownership of the MSTSS will be transferred to the City. o If during construction any unforeseen issues arise and sufficient funds are not available in the letter of credit to cover the costs, the developer is responsible to provide the funds required to complete the project. The City will provide the developer to provide the funds. If, after the detailed design stage and tendering process, the total value for all project works exceeds the amount agreed upon with the developers and defined in the credit for service agreement, then the developers have the ability to terminate the agreement. The City will retain sufficient funds to complete the design of the MSTSS as well as the construction of the MSTSS within the Fischer Hallman Road right of way plus 20 m downstream to the east. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority:Safe and Thriving Neighbourhoods Strategy: #3.3 Manage growth, curb urban sprawl, and foster more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. 1 - 5 Strategic Action: #51 Kitchener Growth Management Strategy 2017-2019 FINANCIAL IMPLICATIONS: Capital Cost: The capital costs for this project will be borne by the developer. In accordance with Council Policy I-537 (Development Charges Credit/Refund Agreements), the City will reimburse the developer through development charge credits and refunds for significant growth related capital items that are advanced by the developer. Policy I-537 allows developers to proceed with such projects and be reimbursed by the City through crediting, in this case, the sanitary portion of the Development Charge payable upon the issuance of the building permits. Policy I-537 also allows for a refund of the balance on June 30 of the year it appears in development charge revenue targets, City wide. This ensures that there are adequate funds to cover the project in the future. For example, if the City has only reached 60% of its anticipated Development Charge revenue, throughout the City, then the developer is only entitled to 60% of the refund in that year. Every year subsequent to that, the developer receives a refund calculated in the same manner. Based upon this policy, a draft agreement has been prepared by Legal Services in cooperation with legal counsel for the developer. Operating and Maintenance Costs 8Capital Forecast, Middle Strasburg Trunk Sanitary Sewer is to be constructed in 2022-2023. There is no additional operating or maintenance costs to this agreement. The developers agree if maintenance is required prior to June 30, 2022 the City will perform the required maintenance and bill the developers accordingly. COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. CONSULT The City has consulted with GRCA and the Region of Waterloo to ensure the Part II Order issued by the MOECC is being adhered to. The public was previously consulted with during the Environmental Assessment; the open house was on November 13, 1996. 1 - 6 PREVIOUS CONSIDERATION OF THIS MATTER: On April 17, 1998 council approved the Environmental Study Report and it was submitted for MOE for the 30 day review. On March 11, 2008 council approved the retention of Stantec Consulting to complete the detailed design and contract administration for the construction of the first phase of the Middle Strasburg Trunk Sanitary Sewer. It further approved entering into a credit for service agreement with Activa Holdings Inc. for the cost of the detailed design and construction of the trunk sewer. In January 2018 as part of final budget, Council approved the advancement of $680,000.00 to complete the detailed design for the remaining portion of the trunk sewer. CONCLUSION: The developers group has had ongoing discussions with City staff. At this time, the developer group has submitted all the required information to process their application and staff has had the opportunity to review the application in detail. Said developers are proposing to fund the cost of the Middle Strasburg Trunk Sanitary Sewer and related appurtenances. Further they have also agreed to pay any maintenance cost of the subdivision infrastructure until such time as it appears in the capital budget. As such, staff recommends that the credit/refund agreement for the Middle Strasburg Trunk Sanitary Sewer be approved. ACKNOWLEDGED BY: Justin Readman, Executive Director, Infrastructure Services. 1 - 7 1 - 8