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2. RESIDENTS’
PETITION FOR THE INSTALLATION OF A WATERMAIN ON WINDING WAY AS A LOCAL
IMPROVEMENT PÉTITION DES RÉSIDENTS POUR
L’INSTALLATION D’UNE CONDUITE D’EAU PRINCIPALE SUR L’ALLÉE WINDING À TITRE
D’AMÉLIORATION LOCALE |
Committee recommendationS
That Council approve the following:
1. A By-law to undertake construction of a watermain as a Local
Improvement on Winding Way from the limits of the existing watermain at 39
Winding Way to the northerly property limit of 1 Winding Way with the costs of
the work to be recovered from benefiting property owners in accordance with the
Municipal Act 2001 and the following conditions:
a) that the assessed property owners be entitled to pay the
Local Improvement charges in lump sum or ten equal annual instalments;
b) that to the extent owners may choose to amortize the charges over a 10-year period, debenture authority be established in the estimated maximum amount of $175,000 for this project;
c) that the City and non-City share of the estimated project
costs and the reductions and adjustments as presented in this report be
accepted, subject to final review through the Committee of Revision for this
project; and
d) that the by-law take effect following the notice of
intention to pass the by-law to the public and the owners of the lots to be
assessed, per the requirements of the provincial legislation.
2. In reference to 3 Winding Way, should an access agreement
not be initiated or completed by the time the Committee of Revision is
convened, that 3 Winding Way be considered as not immediately benefiting from
the Local Improvement work and that the City carry the Local Improvement
charge, and that the Water by-law be amended to identify that the full costs
for water frontage for this property be payable in a lump sum plus appropriate
carrying charges at the time the owner requests to have the property connected
to the municipal water system.
RecommandationS du Comité
Que le Conseil approuve ce qui suit:
1. Un règlement visant à entreprendre la
construction d’une conduite d’eau principale à titre d’amélioration locale sur
l’allée Winding à partir des limites de la conduite principale actuelle, soit
au 39, allée Winding, jusqu’à la limite nord du terrain, au 1, allée
Winding, les coûts des travaux devant être recouvrés auprès des propriétaires
bénéficiaires du terrain, conformément à la Loi de 2001 sur les municipalités
et aux conditions suivantes :
a) que les propriétaires du terrain évalué aient le droit de payer les taxes d’améliorations locales en un paiement unique ou en 10 versements annuels égaux;
b) dans la mesure où les
propriétaires décident d’amortir les frais sur une période de 10 ans, que
le crédit pour les débentures soit fixé au montant estimatif maximal de
175 000 $ pour ce projet;
c) que la part de la Ville et toute autre
part des coûts estimatifs du projet et que les réductions et ajustements tels
qu’ils sont présentés dans le présent rapport soient acceptés, sous réserve
d’un examen final par le Comité de révision pour ce projet;
d) que le règlement entre en vigueur à la
suite de la présentation au public et aux propriétaires des lots à évaluer de
l’avis d’intention d’adopter le règlement, conformément aux exigences de la
législation provinciale;
2. En ce qui concerne le 3, voie Winding,
s’il s’avère impossible d’entreprendre ou d’achever la négociation d’un accord
d’accès d’ici à ce que le Comité de révision se réunisse, on estimera que cette
propriété ne bénéficie pas immédiatement de l’aménagement local, qui sera à la
charge de la Ville, et le règlement sur l’aqueduc sera modifié de façon que les
coûts relatifs à cette propriété donnant sur l’eau fassent l’objet d’un
règlement forfaitaire (plus les frais financiers) au moment où le propriétaire
demandera le branchement de la propriété au réseau municipal.
Documentation
1.
Deputy
City Manager, Public Works and Services report dated 23 May 2007
(ACS2007-PWS-INF-0004).
Report
to/Rapport au :
Planning and Environment Committee
Comité de l’urbanisme et de
l’environnement
and Council / et au Conseil
Submitted by/Soumis par:
R.G. Hewitt, Deputy City Manager/ Directeur
municipal adjoint,
Public Works and Services/Services et
Travaux publics
Contact
Person/Personne ressource:
Wayne Newell, Director/ Directeur,
Infrastructure Services/ Services
d’infrastructure
(613) 580-2424 x16002,
Wayne.Newell@ottawa.ca
REPORT RECOMMENDATIONS
That the Planning and Environment Committee recommend Council approve:
1. A by-law to undertake construction of a watermain as a Local
Improvement on Winding Way from the limits of the existing watermain at 39
Winding Way to the northerly property limit of 1 Winding Way with the costs of
the work to be recovered from benefiting property owners in accordance with the
Municipal Act 2001 and the following conditions:
a) that the assessed property owners be entitled to pay the Local
Improvement charges in lump sum or ten equal annual instalments;
b) that to the extent owners may choose to amortize the charges over a 10-year period, debenture authority be established in the estimated maximum amount of $175,000 for this project;
c) that the City and non-City share of the estimated project costs
and the reductions and adjustments as presented in this report be accepted,
subject to final review through the Committee of Revision for this project; and
d) that the by-law take effect following the notice of intention to
pass the by-law to the public and the owners of the lots to be assessed, per
the requirements of the provincial legislation.
2. In reference to 3 Winding Way, should an access agreement not be
initiated or completed by the time the Committee of Revision is convened, that
3 Winding Way be considered as not immediately benefiting from the Local
Improvement work and that the City carry the Local Improvement charge, and that
the Water by-law be amended to identify that the full costs for water frontage
for this property be payable in a lump sum plus appropriate carrying charges at
the time the owner requests to have the property connected to the municipal
water system.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de l’urbanisme et de l’environnement recommande au Conseil
d’approuver :
1. Un règlement visant à entreprendre la
construction d’une conduite d’eau principale à titre d’amélioration locale sur
l’allée Winding à partir des limites de la conduite principale actuelle, soit
au 39, allée Winding, jusqu’à la limite nord du terrain, au 1, allée
Winding, les coûts des travaux devant être recouvrés auprès des propriétaires
bénéficiaires du terrain, conformément à la Loi de 2001 sur les municipalités
et aux conditions suivantes :
a) que les propriétaires du terrain évalué aient le droit de payer les taxes d’améliorations locales en un paiement unique ou en 10 versements annuels égaux;
b) dans
la mesure où les propriétaires décident d’amortir les frais sur une période de
10 ans, que le crédit pour les débentures soit fixé au montant estimatif
maximal de 175 000 $ pour ce projet;
c) que la part de la Ville et toute autre
part des coûts estimatifs du projet et que les réductions et ajustements tels
qu’ils sont présentés dans le présent rapport soient acceptés, sous réserve
d’un examen final par le Comité de révision pour ce projet;
d) que le règlement entre en vigueur à la
suite de la présentation au public et aux propriétaires des lots à évaluer de
l’avis d’intention d’adopter le règlement, conformément aux exigences de la
législation provinciale;
2. En ce qui concerne le 3, voie Winding, s’il
s’avère impossible d’entreprendre ou d’achever la négociation d’un accord
d’accès d’ici à ce que le Comité de révision se réunisse, on estimera que cette
propriété ne bénéficie pas immédiatement de l’aménagement local, qui sera à la
charge de la Ville, et le règlement sur l’aqueduc sera modifié de façon que les
coûts relatifs à cette propriété donnant sur l’eau fassent l’objet d’un
règlement forfaitaire (plus les frais financiers) au moment où le propriétaire
demandera le branchement de la propriété au réseau municipal.
BACKGROUND
There are seven (7) private properties along
Winding Way between the north intersection of Tradewinds Drive and Prince of
Wales Drive currently serviced with private wells and septic systems (location
identified on Attachment 1). These
properties are located on the east side of Winding Way. The City owns the land on the west side. In 2006, staff received an inquiry regarding
the potential to service the private properties with municipal water and sewer.
In accordance with the Local Improvement Policy
approved by Council in May 2006 (ACS2006-PWS-INF-0001) and Ontario
Regulation 119/03, servicing
of these properties could be considered if:
-
the
benefiting properties are located within the Public Service Area as identified
on the Official Plan;
-
the
existing public system is able to accommodate the capacity requirements to
service the new area; and
-
the
property owners sign a petition with at least 67% of the total number of properties
in support of proceeding with the servicing representing an ownership of at
least 50% of the total assessed value of the properties.
During the preliminary stage of this request,
it was determined that servicing the properties along the north section of
Winding Way was feasible, although it was recognized the provision of sanitary
sewer servicing would be a challenge from a technical perspective. It
was thought that with reasonable deviations from standards and guidelines, a
local gravity sanitary sewer connecting directly into the trunk sewer on Prince
of Wales Drive could appropriately service the properties. Therefore, petitions for both the installation
of a watermain and sanitary sewers (one petition for each) were circulated to
the affected property owners. The petitions were returned to City staff on 24
August 2006. They were certified by Legal Services on 4 December 2006 and
funding for this project was approved as part of the 2007 Budget.
Recently, as part of the detailed design of the
sanitary sewer, the full extent of the technical constraints for the site and
their compounding effects became apparent. All options considered, staff
determined that it was not feasible to install a sanitary sewer system on
Winding Way that would provide the appropriate level of service. The affected
property owners were advised accordingly and have accepted the City’s
determination.
The purpose of this report is to seek approval
from Council on the establishment of a Local Improvement By-law for the
extension of municipal water to service the benefiting properties along Winding
Way.
DISCUSSION
Servicing Options
The benefiting properties can be serviced by municipal water by extending the watermain on Winding Way from Tradewinds Drive to the northerly end (refer to Attachment 1).
Cost Apportionment between
City and Property Owners
For Local Improvement projects, the City initially pays all the project costs upfront and then recovers the non-City shared from the benefiting private property owners. Each benefiting property is levied their share through a charge on the property tax bill known as Local Improvement charge. The charge to an individual property includes their share of the watermain costs plus the cost of the service laterals constructed within the road allowance up to the property line.
The work located within the road allowance consists of 200 metres of watermain, plus the corresponding roadway reinstatement. The estimated cost for this work is $240,000, including design and engineering, project management and on-site construction inspection. In addition, property owners are also responsible for costs associated with the installation of service laterals from the watermain up to the property line, all located within the right-of-way. The estimate for this component of the project is estimated at $25,000 for a total project cost of $265,000.
As per Ontario Regulation 119/03, the City is required to cover costs associated with the installation of hydrants, the share for City owned properties fronting on the watermain and the cost of the watermain located within roadway intersections. Based on this, the City's share of the project is estimated at $90,000 and the non-City share to be recovered from the benefiting property owners is estimated at $175,000. Costs are summarized as follows:
Project Work
|
Estimated
Expenditure |
Non-City Share |
|
Watermain |
$240,000 |
$150,000 |
|
Service laterals in ROW |
$25,000 |
$25,000 |
|
Grand Total |
$265,000 |
$175,000 |
The non-City share of the watermain costs is to be apportioned between the benefiting private property owners on the basis of the property frontage. However, in situations where property dimensions may not be an adequate reflection of the relative benefit, the Local Improvement Policy and supporting legislation allow for adjustments to frontage based on the relative assessed value and surface area of the benefiting properties. Since most of the benefiting properties are of irregular shape, the cost for the individual properties was assessed on the basis of an adjusted frontage.
As part of the petition process, individual property owners were provided with cost information specific to their property. In general the cost per property for water servicing up to the property line, is in the range of $18,500 to $39,000 depending on the characteristics of the property.
Since the petition was certified as meeting the minimum thresholds (i.e. more than 67% support having ownership of at least 50% of the value of the properties) all the property owners who will benefit from the work, not only those who have signed the petition, will be required to pay their share.
The cost estimates provided to the benefiting property owners reflect staff’s most current estimates. Should the final project costs exceed the estimate, the City will be required to pay the difference. If the final costs are less than the estimate, the benefiting property owners will be assessed based on actual costs. Prior to assessing the final charges, the benefiting property owners will have an opportunity to express their concerns at a Committee of Revision. All affected property owners will be notified in advance of the date, time and location of the Committee of Revision, as well as the amount of the Local Improvement charge per the requirements of the Local Improvement legislation. If no concerns are expressed prior to the Committee of Revision meeting date, then there will be no need for a meeting and the charges will be finalized.
Additional Costs for Private
Property Works
The Local Improvement charge can cover only works located within the lands over which the City has jurisdiction, such as road allowances. The City does not do the work necessary to complete a private property's connection to the public water systems. Responsibility to undertake the work and pay the costs associated with installing water servicing on private property is the property owner’s responsibility. An information sheet outlining the various potential private property fees was provided to residents at a stakeholders meeting held on 18 April 2007 (Attachment 2).
Unique Circumstances
The property at 3 Winding Way has no legal frontage on Winding Way. The property is located behind and in between 1 and 7 Winding Way and is accessed by means of a shared driveway with 1 Winding Way. Although not directly abutting the proposed watermain, this property can benefit from the municipal service if installed through a shared agreement with the abutting property owner. While the agreement currently in place allows only for vehicular access and is not a legal right-of-way registered on title between the two properties, a new agreement could allow the installation of the water service lateral to be located on either 1 or 7 Winding Way to service 3 Winding Way.
The property at 3 Winding Way is considered to have the potential to benefit from the service and should be assessed. However, staff recognizes the unique circumstances around the servicing of 3 Winding Way and the fact that there is a need for a negotiated access agreement now or sometime in the future. For the purpose of moving forward with the project, staff is recommending that should an agreement not be initiated or completed by the time the Committee of Revision is convened, 3 Winding Way be considered as not immediately benefiting from the Local Improvement work and would not be assessed under the Local Improvement. Instead, the Water by-law will be amended to identify that the full charge for water is still applicable and will be payable as a lump sum at the time the owner requests to have the property connected to the municipal system.
Coordination of Additional
Works
Should this project proceed, the City will be undertaking the replacement and upgrade of the storm system along this section of Winding Way. The City will be responsible for all costs associated with this work.
In addition, as part of the terms of the Subdivision Agreement with Minto Developments Inc. for this area, the construction of a cul-de-sac at the north terminus of Winding Way at Prince of Wales Drive is required. This would result in the closure of the northern intersection of Winding Way at Prince of Wales. The developer will be responsible for all costs associated with this work.
CONSULTATION
City staff hosted an information meeting on 14 July 2006 to discuss the Local Improvement process for watermain and sewer installations, the implications to property owners and the petition requirements.
Background information with respect to the works to be constructed, the estimated costs and the resulting charges was provided to the lead petitioner circulating the petition.
A stakeholders meeting was also held on 18 April 2007 with the residents to discuss the construction issues and target dates for this project.
On 10 May 2007, staff met with the lead petitioner for this project to advise that staff had determined that it was not feasible to install a sanitary sewer system on Winding Way that would provide the appropriate level of service. Letters were also provided to all 7 property owners to inform them of the change of scope for this project (Attachment 3).
A Committee of Revision will be held following construction with notice of the proposed cost assessment provided to each of the benefiting owners before finalizing the Local Improvement charge for the project.
The Ward Councillor has been consulted and is in support of this project.
FINANCIAL IMPLICATIONS
The total cost of the watermain installation is estimated at $265,000. The City's share of the project is estimated at $90,000 and the non-City share to be recovered from the benefiting property owners is estimated at $175,000.
Funds for the Local Improvement project along with the improvements to the existing storm drainage system were approved as part of the 2007 budget under account number 904228.
Benefiting property owners will have the option to pay their assessed charges in a lump sum payment or to have the charges added to their tax bill and amortized over a 10-year period. With the amortization option, property owners would also be assessed the debenture costs.
SUPPORTING DOCUMENTATION
Attachment 1 – Conceptual Plan of Services
Attachment 2 – Typical Private Property Costs
Attachment 3 – Sewer Update Letter to Lead Petitioner
DISPOSITION
Public Works and Services Department will also administer the construction of the project. Upon completion, the Department will return to Committee and Council to complete the Committee of Revision process and establish final charges.
Implementation of the Local Improvement process will be in conjunction with Legal Services and Financial Services.
Attachment 3 – Sewer Update Letter to Lead Petitioner
Mr. Lawrence Nadolny (9 Winding Way)
42 Lynhurst Avenue
Ottawa, ON K1V 9W7
Re: Municipal Wastewater Servicing on Winding Way
Since the stakeholders meeting of 18 April 2007, new information regarding the installation of municipal wastewater in Winding Way has been determined, and I would like to advise you of its current status.
During the above-mentioned meeting, City staff presented residents with a preliminary layout of the proposed sanitary sewer. At that time, residents were informed that a final sanitary sewer route was still under investigation and required detailed engineering design.
City staff have been working on the layout and design of a sanitary sewer system that meets current engineering standards. It was during this phase of the project that it became apparent that significant technical constraints compromise the City’s engineering design standards, which could result in potential future risks to the homeowners. On this basis, staff is unable to support further considerations for the installation of a sanitary sewer on Winding Way.
Further to our meeting dated 10 May 2007, the report to be presented to the Environment, Transit and Planning Committee will recommend that the sanitary sewer system for Winding Way not proceed at this time. Please note that the report will continue to support the installation of municipal water, with cost recovery from the benefiting property owners. This report is scheduled to be presented in late June and I will advise all affected residents once the date has been finalized.
The change in scope of this project has a direct impact on the cost estimates previously provided. Given that only municipal water services are being recommended for installation, the cost apportionments to benefiting property owners require recalculation. I will be working with the project engineer to determine the new cost estimates and will be in touch with each property owner no later than 22 May 2007.
In the meantime, if you have any additional questions or would like to discuss this project further, please do not hesitate to give me a call at 613.582.2424 extension 23970.
Sincerely,
Tara Blasioli
Research & Technical Assistance
Officer
Infrastructure Services Branch
Department of Public Works and Services
cc: Councillor S. Desroches, Ward 22 – Gloucester-South Nepean
A. Gonthier, Manager – Infrastructure Management
Division, PWS
M. Wildman, Manager – Infrastructure Approvals
Division, PTE
T. Marc, Manager –
Planning and Environment Law, CS
L. Marineau, Senior
Engineer – Infrastructure Projects, PWS
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Robert & Karen Paynter 1 Winding Way RR2 Ottawa, ON K2C 3H1 |
Gregory & Amy Hiebert 3 Winding Way RR2 Ottawa, ON K2C 3H1 |
Rajiv Bhatia 7 Winding Way RR2 Ottawa, ON K2C 3H1 |
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Elizabeth Bourada 21 Winding Way RR2 Ottawa, ON K2C 3H1 |
Josephine & Nazareno Priori 25 Winding Way RR2 Ottawa, ON K2C 3H1 |
Roger Selby, Deane & Jeanette Corneil 31 Winding Way, RR2 Ottawa, ON K2C 3H1 |