Report to: Development Services Committee                                    Report Date: June 2, 2009

 

SUBJECT:                          Milliken Reservoir & Pumping Station Expansion and Kennedy Road Watermain Construction

                                            Memorandum of Understanding with City of Toronto and Region of York

 

PREPARED BY:               Simon Hung, Senior Capital Works Engineer, extension 2136

                                           

 

 

RECOMMENDATION:

 

  1. THAT the staff report entitled “Milliken Reservoir & Pumping Station Expansion, Memorandum of Understanding & Kennedy Road Watermain  Construction Update” be received;

 

  1. AND THAT the principles of an Agreement with the City of Toronto and Region of York as outlined in this report be endorsed;

 

  1. AND THAT the Mayor and Clerk be authorized to execute a Memorandum of Understanding with the City of Toronto and Region of York to the satisfaction of the Chief Administrative Officer and the Town Solicitor;

 

  1. AND THAT the Mayor and Clerk be authorized to enter into agreements with the City of Toronto and Region of York based on the principles set out in the Memorandum of Understanding including agreements for the leasing of the City of Toronto lands for recreational purposes and other items relating to the implementation of the project; in a form satisfactory to the Chief Administrative Officer, the Town Solicitor and Commissioner of Community and Fire Services;

 

  1. AND THAT the Mayor and Clerk be authorized to execute the necessary documents to acquire, amend or grant easements required for the construction and operations of municipal services in a form satisfactory to the Chief Administrative Officer and the Town Solicitor;

 

  1. AND THAT the temporary closure of Gorvette Drive and Clayton Drive at Kennedy Road to permit the construction of the City of Toronto’s Kennedy Road Trunk Watermain as outlined in this report be endorsed subject to the submission of traffic management and public communications plans to the satisfaction of the Director of Engineering;

 

  1. AND THAT staff be authorized and directed to do all things necessary to give effect to these resolutions;

 

  1. AND THAT Mr. Patrick Newland, Director Water Treatment and Supply of City of Toronto and Ms. Erin Mahoney, Commissioner of Environmental Services Department shall be advised accordingly.

EXECUTIVE SUMMARY:

The City of Toronto is scheduled to expand the capacity of the Milliken Reservoir and Pumping Station, starting 2009 and be completed and operational by April 2012, to service existing and future growth in Toronto, Region of York and Markham.  During the construction of the project, the existing soccer fields (3 full size and 1 junior) and 1 baseball diamond will be temporary closed for 2-3 years.  This report is to seek authorization to execute a Memorandum of Understanding with The City of Toronto and Region of York to address issues related to these projects such as amendment of existing easements, conveyance of new easements, future re-instatement of the existing soccer fields and baseball diamond, renewal of the lease of Toronto lands as recreation facility, etc.

 

The City of Toronto will also construct a 1500mm trunk watermain along Kennedy Road to the reservoirs to provide additional water to the Region and Markham.  Permission for temporary closure of the intersections of Gorvette Drive and Clayton Drive at Kennedy Road during the construction of the watermain is also sought.

 

PURPOSE:

The purpose of this report is to seek Council’s endorsement of the proposed agreement with the City of Toronto and Region of York related to property, construction, financial obligations and lease in connection with the replacement of soccer fields and baseball diamond removed as part of the proposed expansion of the Milliken Reservoir. Council’s endorsement is also sought to permit the City of Toronto to temporarily close the intersections of Gorvette Road and Clayton Drive during construction of the new Kennedy Road trunk watermain which will be constructed to supply treated water to the expanded Milliken reservoir.

 

BACKGROUND:

The City of Toronto is proposing to expand the Milliken Pumping Station and Reservoir to maintain proper water system pressure and to service future growth in Toronto, Markham and York Region. In conjunction with Toronto’s plans to expand the Milliken Reservoir, the Region of York is proposing to carry out improvements to the existing pumping station located on the site by constructing a new one.  The Milliken Reservoir and Pumping Station are located in the easterly section of Milliken Mills Park as shown on Attachment “A”. In order to improve supply to the expanded reservoir and Regional pumping station, the City of Toronto is also proposing to construct a trunk watermain along Kennedy Road from an existing City pumping station located south of Steeles Avenue to the Milliken reservoir.

 

The land on which the reservoir and pumping station are located is owned by the City of Toronto and part of the land was leased to the Town of Markham for recreational uses.  The lease agreement expired May 14, 2000 and has to be renewed.  There are currently four soccer fields and a full size baseball diamond within the Toronto property.  One full sized irrigated soccer field and a junior soccer field are located on top of the existing reservoir and two irrigated full sized soccer fields and a fully lit baseball diamond are located at the base of the existing reservoir. These soccer fields and baseball diamond will be removed from use while construction of the reservoir is underway. Given the size and configuration of the expanded reservoir site, one full sized soccer field will be permanently removed and replaced with a junior facility per Attachment “B”.

 

A Class Environmental Assessment for the project was initiated in May 2006 and during the EA process, Town staff were involved in extensive negotiations with the City and Region regarding the replacement of the soccer fields to be removed during construction of the reservoir and the sharing of costs for these replacements. A tentative agreement on these issues was reached with the City and Region in the spring of 2007 and subsequently endorsed by Council in June 2007. The principles of this agreement included;

·                    Toronto would permit the construction of two full sized, natural turf, illuminated and irrigated soccer fields and two natural turf, irrigated, unlit junior soccer fields on top of the reservoir and would permit the fencing of the perimeter of the soccer fields.

·                    Toronto would be responsible for the cost of reinstating soccer fields on top of the expanded reservoir to a similar quality as the existing fields being removed.

·                    The Town of Markham would be responsible for the cost of all upgrades to the fields including illumination, expansion of the irrigation system and fencing.

·                    Toronto and/or York Region would compensate Markham for the conveyance of easements (temporary and permanent) required to construct and operate the expanded reservoir.

·                    Toronto would be responsible for the cost of reinstating the baseball diamond, located in the area immediately south of the expanded reservoir, to a similar quality as the existing diamond being removed including backstop fence, illumination, outfield fence, warning track, infield dugouts, benches, etc.

 

At the time this agreement was reached, staff had estimated, based on preliminary design information contained in the City’s EA document, that the revenue generated from the conveyance of easements would offset the value of the soccer field upgrades.

 

 

DISCUSSION:

Current Project Status

The design of the project has now been completed and the project has been tendered with a scheduled construction start date for the summer of 2009 and completion by the end of 2011.

 

Several changes to the conceptual reservoir design included in the EA have been made, most notably, the extent of easements in favour of the City from the Town’s land has been substantially reduced thereby significantly reducing the anticipated revenue available to the Town to offset the cost of the soccer field upgrades by approximately 60%. In addition, the estimated cost of installing lighting for the reservoir fields has increased by more than five times the normal estimated lighting cost of $150,000 due to the need to reinforce the reservoir roof to accommodate heavy lighting installation and maintenance vehicles. The net result of these two factors was a potential cost to the Town of more than $1.0 million to upgrade the soccer fields.

 

In light of these potential increased costs, staff undertook a review of the requirements for the soccer field upgrades and negotiated a revised agreement with the City and Region for the reinstatement of the soccer fields, subject to approval by Council.

 

Review of Illumination requirement for Reservoir Fields

The illumination of the reservoir fields was initially considered necessary to extend the available hours of play on the relocated fields in order to compensate for the permanent loss of one full sized field. However, since 2007 the Town has developed two new full sized fields at Bur Oak Secondary School and Woodbine Community Park and entered into a shared use agreement with the York Region District School Board for evening and weekend use of three full sized fields at Bill Crothers Secondary School. These five new fields, three of which are fully illuminated, are scheduled to be ready for play in 2009 and  can offset the loss of playing time from the permanent loss of one full sized Milliken field. If additional capacity is required, staff are of the opinion that it would be more cost effective to provide illumination on other existing Town fields given the potential high cost of lighting the fields on the Milliken Reservoir (approximately $800,000). Community and Fire Services Commission staff are currently reviewing the need for additional capacity and illumination and will report back to Council with recommendations.

 

Milliken Mills Sanitary Sewer

The Waterworks Department has recently initiated a project to install a sanitary sewer line along the southerly limit of Milliken Mills Park to connect with the new Milliken pumping station which was built as a part of GO Transit’s Hagerman Diamond grade separation project. The construction of this sewer will provide a gravity connection to the  Milliken Community Centre and to the Milliken Mills High School and will allow the decommissioning of the existing sewage pumping station which currently services these facilities. An easement across the City of Toronto lands would reduce the cost of  constructing  and maintaining this sewer and would provide greater protection for the existing mature trees along the south property limit.  This easement is expected to be at nominal cost to the Town.

 

City of Toronto and Region of York connections to Town sanitary sewer system

The current design plans for the reservoir include connections from the expanded Regional pumping station and from the City’s reservoir to drain into the Town’s Milliken sewage pumping station. It is anticipated that the Town will incur increased maintenance costs and operations costs resulting from these connections which were not originally included in the design.  However, the increased costs is expected to be minimal because the pumping station is not manned regularly and most of the discharge from the reservoir will be de-chlorinated and discharged into the storm sewer.  The City also agreed to limit any discharge into the sanitary sewer to under 30 litres per second.  In return, the City will provide an easement to the Town for the construction of the Milliken Mills Sanitary Sewer through the City’s lands at no cost to the Town.

 

 

 

Kennedy Road Trunk Watermain Construction

 

In conjunction with the expansion of the Milliken Reservoir, the City of Toronto is proposing to construct a new 1500 mm diameter trunk watermain on Kennedy Road from Parcell Square south of Steeles Avenue to the Milliken Reservoir. This watermain will be installed in the west boulevard and southbound curb lane of Kennedy Road throughout most of its length in Markham and will cross three Town roadways, Clayton Drive, Gorvette Drive and Denison Street. The City has requested permission to close the intersections of two of these streets, Clayton Drive and Gorvette Drive to allow the watermain to be installed in open cut trenches to reduce the cost and time required to complete the installation. The impact to the users of these two roads is expected to be minimal as both roads are connected to Denison Street a short distance north of Kennedy.  Given the higher volumes of traffic which use Denison Street the watermain will be installed across this intersection in a tunnel to allow full traffic access during construction.

 

The proposed closures would be in effect for a maximum of 14 continuous calendar days at each intersection. The potential closure of these intersections was originally identified in the Class Environmental Assessment for this project completed in 2007. Council endorsed the EA subject to the submission of final traffic management plans and a public communications plan regarding the impact of the construction on local traffic and staff are recommending the endorsement of the proposed temporary road closures subject to the same conditions.

 

 

Revised Agreement

In recognition of the potential benefits to all three parties, Town, Regional and City staff have negotiated terms for a Milliken reservoir agreement and have summarized these terms in a draft Memorandum of Understanding.  These revised principles of agreement to be set out in this Memorandum of Understanding (Attachment “C”) include:

 

·      Subject to space and operational constraints, the City agrees to permit construction of replacement of 2 full size, irrigated, natural turf soccer fields and 2 junior size, natural turf, un-irigated practice fields on top of the reservoirs.

 

·      The City agrees to permit the construction of 1.5 metre high chain link fence around the perimeter of the new soccer fields at the Town’s cost.

 

·      The City agrees to allow the Town to negotiate with their contractor for the construction of the Milliken Sanitary Sewer after the Milliken reservoir contract is awarded subject to compliance with the Town’s Purchasing By-law.

 

·      The City agrees to include the grading and drainage of the fields, the installation of an irrigation system for the 2 full size soccer fields, the installation of the chain link fence, the placement of 150mm of gravel as a drainage layer, the placement of 250mm of selected backfill, the placing of 150mm of topsoil and the sodding of the fields in the City’s reservoir construction contract.

 

·      The Town agrees to reimburse the City for the cost of installing the chain link fence around the perimeter of the soccer fields.  All other capital costs are the responsibility of the City.

 

·      The Town will be responsible for all ongoing operational and maintenance costs related to irrigation systems and fencing.

 

·      The City agrees to pay for the grading and drainage of the fields, the placing of 150mm of topsoil and the sodding of the field.

 

·      The City agrees to include and pay for the reconstruction of the baseball diamond to a similar quality of the existing field including the installation of backstop fencing, field illumination, outfield fencing, warning track, infield, dugouts, benches, placement of 150mm topsoil and sod.

 

·      The Town agrees to amend existing easement over Town owned lands as required by the City and York to permit the City to construct the Kennedy Road trunk watermain connection to the reservoir for nominal consideration. 

 

·      The Town agrees to amend existing easements over Town owned lands as required by the City and York to construct the reservoir drain outlet and water pumping station 

     connection to the Milliken Mills sewage pumping station at no cost to the City or  

     Region.

 

·      The City agrees to provide easements over City owned lands as required by the Town to construct the Milliken Mills Park sanitary sewer at no cost to the Town.

 

·      The City agrees to release a portion of the existing easement which they no longer required along the southerly boundary of the City’s lands.

 

·        In the event that the City or York require permanent easements across any portion of the Town owned parklands beyond those set out in the Agreement, the Town agrees to provide these easements to the City or York at a rate equal to 50% of the current per acre value of the adjacent industrial lands providing that these easements will not adversely impact on the use of any existing playing field in the park.

 

·        In the event that the City or York requires temporary construction easements across any portion of the Town owned parklands, the Town agrees to provide these easements to the City or York at a rate of $1000 per acre per month for a maximum period of 24 months providing that these easements will not adversely impact on the use of any existing playing field in the park.

 

 

 

·        The Town agrees to allow the City to discharge from the reservoir drains to the adjacent storm sewer. The Town agrees to waive all fees and financial contributions associated with these connections.

 

·        The Town agrees to allow the City to discharge sewage from the Milliken Pumping Station and Reservoir to the Town’s existing park sewer system and the Milliken Mills sewage pumping station provided the total peak discharge from these two sources does not exceed a flow rate of 30l/sec. The Town agrees to waive all fees and financial contributions associated with these connections.

 

·        The City agrees, upon completion of the project, to enter into a Lease which will permit the Town the continued use of the City’s lands for recreational purposes and parking at no cost.

 

·        The Town agrees to these commitments and undertakes to expedite the Site Plan Agreement/Approval, amendment to easements and a building permit. 

 

The Town is continuing to negotiate with the City and Region to clarify several issues and to include commitments on other previously agreed upon items such as the reinstatement of the irrigation system to the 2 full size soccer fields, restoration of the baseball diamond and parklands disturbed during construction.  It is anticipated that a final version of the Memorandum of Understanding containing these commitments will be presented to Committee at the June 2nd meeting.

 

 

Construction Schedule

The current schedule for construction of the reservoir expansion project calls for construction to start in the summer of 2009 and to be completed by end of 2011. The soccer fields and baseball diamonds will be available for use by the summer of 2012. The construction of the Kennedy road watermain is anticipated to start by August 1, 2009 and to be completed by July 31st 2010.

 

 

ENVIRONMENTAL CONSIDERATIONS:

The environmental concerns were addressed in the approved Milliken Pumping Station and Reservoir Expansion Class Environmental Assessment by the City of Toronto.

 

 

FINANCIAL

The estimated cost for the perimeter chain link fence for the soccer fields is approximately $60,000. This cost will be incurred by the Town near the end of the reservoir construction, likely in the fourth quarter of 2010.

 

The Waterworks Department will be seeking budget approval in 2010 to install the Milliken Sanitary Sewer and decommission the existing pumping station servicing the Milliken Community Centre and High School.

 

The annual costs of ongoing maintenance and operation of the soccer fields, baseball diamond and associated landscaping will commence upon completion of the fields in 2011. The value of this work is currently being finalized by the Community and Fire Services Commission and will be reported to Council during the 2011 budget process.

                       

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal and Finance Departments have reviewed and commented on this report.

 

 

 

 

RECOMMENDED BY:  

 

 

 

 

 

 

 

Alan Brown, C.E.T.

Director of Engineering

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

 

 

 

 

Peter Loukes, P. Eng.

Director of Operations

 

Brenda Librecz

Commissioner of Community and Fire Services

 

 

 

ATTACHMENTS:

Attachment “A”          Current Field layout

Attachment “B”          Proposed Reservoir and Field Layout

Attachment “C”          Draft Memorandum of Agreement

 

 

 

 

                                 

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