RECOMMENDATION:
THAT the
report dated June14, 2004, entitled “Markham
District Energy Inc. Municipal Access Agreement - Update on Approvals within
Town Rights of Way and Approval for Conveyance of a Utility Easement to Markham
District Energy Inc. over 101 Town Centre Boulevard” be received;
AND THAT the Commissioner of Community and Fire Services,
CAO and Town Solicitor be authorized to negotiate a Municipal Access Agreement
with Markham District Energy Inc., and that the Mayor and Clerk be authorized
to execute the agreement;
AND
THAT a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer
of Easement for the purpose of installing infrastructure
(mainly consisting of transmission pipelines and manhole chambers) to
Markham District Energy Inc. over Town owned lands legally described as Part of
Block 9 Plan 65M-2503 and designated as Part 1 as shown on a Draft Reference
Plan to be deposited, Appendix “C” attached to this report, in a form
satisfactory to the Town Solicitor, for a nominal fee.
PURPOSE:
The purpose of this report
is to update Council about ongoing projects by Markham District Energy Inc.
(MDEI) that require Town approval, to obtain authority to enter into a
Municipal Access Agreement (MAA) with MDEI to permit the installation and
maintenance of MDEI infrastructure within Town rights of way and furthermore to
obtain approval for conveyance of a 669.2 square metre (7,203.2 square foot)
utility easement to Markham District Energy Inc. over the southwest corner of
101 Town Centre Boulevard.
EXECUTIVE SUMMARY:
MDEI has long term plans to expand their system to provide
heating and air conditioning for development projects within the Markham Centre
Secondary Plan area, including the Tridel Condominium project. In order to
complete the extension of infrastructure from IBM to the Tridel Condominium
project, MDEI requires approval of a MAA and the conveyance of an easement from
the Town over the southwest corner of 101 Town Centre Boulevard.
BACKGROUND:
Markham District Energy Inc. (MDEI) is an energy company wholly owned by
the Town of Markham created to provide a district energy system to
provide heating and air conditioning for the Markham Centre planning district
(see Attachment “A”-Company Background).
DISCUSSION:
MDEI has long term plans to expand their system to provide heating and
air conditioning for development projects within the Markham Centre Secondary
Plan area. Their infrastructure (mainly consisting of transmission pipelines
and manhole chambers) will need to be constructed within Town rights of ways
where other private property arrangements cannot be made (see Attachment
“B”-Overview Plan) as well over the southwest corner of the Civic Centre lands
at 101 Town
Centre Boulevard. MDEI infrastructure must be reviewed to “fit” with other typical
public and private infrastructure (Water/Sewers/Utilities etc.) with respect to
Capital Construction, maintenance and operations, and ultimate replacements.
The infrastructure in most cases consists of four pipes, each similar in
size to local water mains, running side by side, accommodated in an area in the
rights of way with approximately two metres in width being required. To
accommodate this requirement the infrastructure can only be constructed under
the asphalt surface of existing and proposed roads and requires extensive
negotiation with the Town, especially when proposed in existing rights of way
not originally design to accommodate these facilities.
Through MDEI’s design process and discussions with the Construction and
Utilities Department for approval of their project on Town Centre Boulevard,
(to service the Tridel Condominium project and ultimately the Town offices) it
was identified that a formal arrangement for future maintenance, locates for
other utilities, and notification for emergencies among other items needs to be
put in place. As with other utility providers a Municipal Access Agreement is
required to formalize arrangements between MDEI and the Town.
MDEI has agreed to enter into a municipal access agreement with the
Town. Town staff has drafted an agreement. Council authorization to execute the
agreement is requested.
Furthermore, MDEI requires a utility easement over the southwest corner
of 101 Town Centre Boulevard. The transmission pipelines will cross underneath
Highway 7, from South Town Centre Boulevard. As a result of the approved
infrastructure placement under the existing roads, the pipes will enter and be
installed on the immediate southwest corner of the Civic Centre property before
proceeding west, underneath Town Centre Boulevard and then to the Tridel
Condominium project. As a result, MDEI requires a 669.2
square metre (7,203.2 square foot) utility easement.
Approval of the easement at this location will enable connection to the
Tridel property and a future connection point for servicing the Civic Centre
Building.
In order to meet MDEI construction scheduling requirements and
commitments, the extension from IBM to the Tridel Condominium project along
Town Centre Boulevard has been allowed to proceed to construction, subject to
formal arrangements being in place prior to their infrastructure being put into
service (Fall 2004). MDEI is also looking for approval for their infrastructure
to be installed within Enterprise Drive, which will part of the MAA authorized
by this report and to be coordinated and approved by the Director of
Engineering as part of the Town’s Capital Projects and other private
development proposals.
FINANCIAL CONSIDERATIONS:
Any
appropriate fees /securities required will be negotiated and finalized as part
of the Municipal Access Agreement. The proposed easement over 101 Town Centre
Boulevard will be for nominal consideration.
BUSINESS
UNITS CONSULTED AND AFFECTED:
The
Legal Services Department has been involved in preparing a draft Municipal
Access Agreement and the consideration of a utility easement over the southwest
corner of the Civic Centre property located at 101 Town Centre Boulevard. MDEI
installations in new rights of way and easements related to this development
are being reviewed for approval by the Town’s Engineering Department.
ATTACHMENTS:
Attachment
“A”- MDEI-Background Information
Attachment
“B”- Map Showing Overview of MDE projects in Markham Centre
Attachment “C” – Draft Reference Plan Showing
Easement over 101 Town Centre Boulevard
______________________________________ ___________________________________
Stan Bertoia, P.Eng. Peter Loukes, P.Eng.
General
Manager, Construction & Utilities Director
of Operations &Asset Management
Jim Sales, Catherine
M. Conrad
Commissioner
of Community & Fire Services Town
Solicitor
O:\Commission Share\Operations
and Asset Management\Reports\2004\C & U\Markham District Energy doc.doc
