TAMRMS#: B06
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Time Extension Request - Badger Lands
Presented by: Kevin Scoble, Chief Administrative Officer
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RECOMMENDED MOTION
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That the deadline for Administration to respond to Council's request for a proposal for the future disposition or use of the City-owned Badger lands (43 City Annex) together with a list of resolutions previously passed by Council concerning planning for or use of the Badger lands (CM AR-19-491) be extended to the end of 2021.
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REASON FOR TIME EXTENSION REQUEST
On January 20, 2020, Council passed Motion AR-19-491-Community Amenities, the second part of which reads as follows:
"That Administration present to Council, by the end of 2020, a proposal for the future
disposition or use of the City-owned Badger lands (43 City Annex), together with a list of resolutions previously passed by Council concerning planning for or use of the Badger lands, for consideration of rescinding those resolutions.”
Administration is requesting a time extension to the end of 2021 due to the following:
1. The City has completed Sub-Surface Technology Monitoring, and understands the extent of the existing environmental impacts as well as the travel pattern of the attributed plume. However, in order to initiate a cost effective remediation plan an understanding of proposed land uses is required. The high-level cost comparison that Administration has provided through previous Council inquiries (CI’s) and Information requests (IR’s) indicates that there is no positive business case to sell the land as-is or remediated with/without services.
a) Based on the land transaction policy C-ED-03, if a disposition were to occur, it should be for the highest possible negotiated price, considering the highest and best use of the land, and that reasonable costs and fees incurred by the City for disposition shall be considered for recovery.
b) Based on Council Policy C-IS-06 (Environmental Management of Contaminated Sites), best management practices and risk mitigation strategies indicate that the likely best course of action for the City would be to remediate the site prior to any sale in order to ensure full control of the remediation efforts, and to reduce the risk of future litigation.
c) The recommended strategy, therefore, is to complete an environmental site remediation plan that would support the determination of site-specific remediation criteria values (as detailed in 2021 Capital Charter - ENV-001 Contaminated Sites Remediation). Once site-specific criteria is determined, only soil that exceed the criteria will need to be remediated. Knowing the future land use will affect the outcome of the criteria values.
2. At the very least, the monitoring plan will continue for chlorides and other contaminants to comply with Council Policy C-IS-06 and Government of Alberta legislation.
3. Alternate use of the land; Solar Farm Feasibility, preliminary and detail design proposal was out in the market and closed on Oct 19th, 2020 expecting the final report by Q2 of 2021. The proposed solar farm use could impact the potential future land uses for the site, and must be fully understood prior to identifying other land uses and developing any long-term remediation plan.
4. Public Works has initiated the notice on “No dumping” starting this winter, which would aid the completion of the dewatering efforts for the site in spring of 2021.
5. A contemplated partial or full sale of the Badger land should be linked to new capital charters for the relocation of the compost depot, to continue support for the existing level of service.
6. Planning and Development is working with a consultant on conducting geotechnical and other studies associated with the development of an Area Structure Plan for that land.
7. Administration shall also be looking for opportunities to horse-trade the land as-is if there are equitable benefits that could be obtained as part of such transaction without leaving any residual liability of contamination to the City.
8. Given all the additional information that may be forthcoming in 2021, Administration is anticipating an update to Council prior to Q4 of 2021.
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Report Date: November 30, 2020
Author: Dawny George/Kate Polkovsky/Christian Benson/Adryan Slaght
Departments: Engineering/Utilities & Environment/Planning and Development
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble