Report to / Rapport au:

Agriculture and Rural Affairs Committee

Comité de l’agriculture et des questions rurales

and Council / et au Conseil

12 May 2009/ le 12 mai 2009

Submitted by / Soumis par: Nancy Schepers,

Deputy City Manager / Directrice municipale adjointe

Infrastructure Services and Community Sustainability /

Services d’infrastructure et Viabilité des collectivités

Contact Person / Personne ressource: Dixon Weir, General Manager / Directeur général

Environmental Services / Services envrironnementaux

613-580-2424, x22002 Dixon.Weir@ottawa.ca

Rideau-Goulbourn (21)

Ref N°: ACS2009-ICS-WWS-0007

SUBJECT:	DOWDALL MUNICIPAL DRAIN

OBJET :	InSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer's Report for the Dowdall Municipal Drain and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.

RECOMMANDATION DU RAPPORT

Que le Comité chargé de l’agriculture et des questions rurales recommande au Conseil municipal d’approuver le rapport de l’ingénieur concernant les installations municipales de drainage Dowdall et de présenter en première et deuxième lectures le règlement ci-joint, conformément aux articles 42 et 45 de la Loi sur le drainage de l’Ontario.

BACKGROUND

The Dowdall and Morold Municipal Drains are located in the vicinity of the intersection of Franktown Road and Dwyer Hill Road and were originally constructed in 1971 under By-law 3969 and in 1972 under By-law 17-72 respectively of the former Township of Goulbourn. Changes to the drains have been made in the past and a new Engineer’s Report, under Sections 65, 78 and 84 of the Drainage Act (R.S.O. 1990), is required to address these modifications.

DISCUSSION

The Drainage Act prescribes the process and timelines that must be followed for any modification to a municipal drain. (The “Þ” below indicates the current step in the process for the Dowdall Municipal Drain.) In brief, the complete process includes:

· Council appointment of the Drainage Engineer (9 March 2005);

· Conduct an On-site Meeting with affected landowners to review the proposed modifications, (12 May 2005);

· Submission of the Engineer's Report to Clerk (29 April 2009);

Þ Conduct a Meeting to Consider – (The meeting of the Agriculture and Rural Affairs Committee to consider the Engineer’s Report and the By-law (Attachment 2) presented in this report) (28 May 2009);

· Council approval of the Committee recommendation and first and second reading of the By-law (10 June 2009 - subject to the outcome of the Meeting to Consider and associated appeals process);

· Convene a Court of Revision – (A meeting of the Agriculture and Rural Affairs Committee where landowners may appeal their assessment). Committee may direct the Engineer to revise the assessment contained in the Report. All affected landowners must then be advised of any revisions and the Drainage Act contains provisions for further appeal by landowners of their assessment;

· Third reading of the By-law at Council;

· Construction of the drainage works; and

· Assessment of the costs to benefiting landowners and road authorities (2009).

This report places the Engineer’s Report before the Agriculture and Rural Affairs Committee as the Meeting to Consider as required by the Drainage Act. The time for filing the Engineer's Report was extended under Section 39(1) of the Drainage Act by Council resolution on December 10, 2008.

ENVIRONMENTAL IMPLICATIONS

The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and provided with a copy of the Engineer's Report. In consultation with the Rideau Valley Conservation Authority a fish habitat impact assessment and mitigation plan has been prepared and incorporated into the drainage works and includes, riparian vegetative plantings, bank erosion protection, areas of gravel and cobble substrate, frefuge pools habitat areas, drain inlet and outlet erosion protection measures and a construction monitoring plan. Plan 05017-A3 in the Engineer's Report identifies the locations of the various environmental features. Necessary regulatory approvals have been received.

RURAL IMPLICATIONS

The modified and relocated Dowdall Municipal Drain will continue to provide outlet for surrounding rural roads and lands. Affected landowners have been consulted and provided with a copy of the Engineer’s Report and notified of the date, time and location of the Meeting to Consider.

CONSULTATION

The On-site Meeting, as required under the Drainage Act, was held on 12 May 2005. Affected landowners, agencies and utilities in the watershed were notified in advance of the meeting.

All assessed landowners have been notified of the Meeting to Consider the Report and provided with a copy of the Engineer’s Report.

The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and provided with a copy of the Engineer's Report and necessary approvals have been received.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management impediments to implementing the recommendation in this Report.

FINANCIAL IMPLICATIONS

The estimated total cost of the Drainage works, including the Engineer's Report and associated studies, is $631,406.66. Of this, $366,423.26 is to be assessed to benefiting property owners and $264,983.40 to the City’s Roads and Traffic Operations, Public Works Department.

Project costs have and will be paid initially by the City of Ottawa, Wastewater and Drainage Operations Branch, Environmental Services Department and will be recovered through assessments/recoveries to the benefiting landowners. Funds are available in the 2009 Approved Capital Budget in internal order 902960 Municipal Drains Improvements. The City’s share of $264,983.40 will be identified and included in the Public Works Department’s 2010 Draft Capital Budget.

SUPPORTING DOCUMENTATION

Document 1 - Dowdall Municipal Drain Location Plan

Document 2 - Dowdall Municipal Drain By-law

A copy of the Engineer's Report has been provided to all Agriculture and Rural Affairs Committee Members.

DISPOSITION

Upon approval by Council, the City Drainage Superintendent will notify all assessed landowners of the date of the Court of Revision.

DOCUMENT 1

Dowdall Municipal Drain Location Plan

DOCUMENT 2

BY-LAW NO. 2009 -

A by-law of the City of Ottawa to provide for the abandonment of the Morold Municipal Drain and the partial relocation, improvement and future maintenance of drainage works in the City of Ottawa – Dowdall Municipal Drain.

AND WHEREAS the Morold Municipal Drain was originally constructed under By-law Number 3969-71 of the Township of Goulbourn, pursuant to the Drainage Act, R.S.O 1970, c.136 (now the Drainage Act, R.S.O. 1990, c. D.17);

AND WHEREAS the Dowdall Municipal Drain was originally constructed under By-law Number 17-72 of the Township of Goulbourn, pursuant to the Drainage Act, R.S.O 1970, c.136 (now the Drainage Act, R.S.O. 1990, c. D.17);

AND WHEREAS the lands referred to in By-law Number 3969-71 and in By-law Number 17-72 of the Township of Goulbourn are now included in the City of Ottawa by virtue of the City of Ottawa Act, 1999, S.O. 1999, c.14, Sch.E;

AND WHEREAS every by-law of the Township of Goulbourn is deemed to be a by-law of the City of Ottawa pursuant to Section 5(6) of the said City of Ottawa Act, 1999;

AND WHEREAS an engineer, Robinson Consultants Inc., was appointed on March 9, 2005 by the Council of the City of Ottawa pursuant to section 78(1) of the Drainage Act to prepare an engineer’s report for modifications to the Dowdall and Morold Municipal Drains and a report entitled Engineer’s Report, Dowdall Municipal Drain, Modifications and Improvements, Goulbourn Ward and Township of Beckwith dated April, 2009 (the “Engineer’s Report) has been procured and is on file with the City Clerk;

AND WHEREAS it is necessary to abandon the Morold Municipal Drain pursuant to section 84 of the Drainage Act and to partially relocate, improve and provide for the future maintenance of the Dowdall Municipal Drain pursuant to section 78 of the Drainage Act as a result of requests of the affected and benefiting landowners to reduce flooding and for improved surface and subsurface drainage on agricultural and residential lands in the drainage basin. Since the original construction of the drainage works agricultural land use has intensified resulting in an increase in peak rate and volume runoff in the drainage basin and there is a new residential subdivision, Heron Lakes Estates, through which the drain passes and the ongoing development of the National Defence Canada Lands located in Lot 6, Concession 4 in the drainage basin;

AND WHEREAS the Dowdall Municipal Drain, after it is partially relocated, and improved pursuant to this By-law will drain the following roads and lands: parts of Lot 7, Concession 3, parts of Lots 1 through 7, Concession 4, parts of Lots 1 though 7, Concession 5, former geographic Township of Goulbourn, parts of Lots 26 and 27, Concession 4 and parts of Lots 26 and 27 Concession 5, former geographic Township of Beckwith, now all in the City of Ottawa;

AND WHEREAS the Dowdall Municipal Drain, after it is partially relocated and improved in accordance with the Engineer’s Report, will be located entirely within the City of Ottawa and pursuant to section 74 of the of the Drainage Act the City of Ottawa is responsible to attend to the required future maintenance and repair;

AND WHEREAS the estimated total cost associated with the construction, engineering, contract administration, allowances, report and contingencies of the drainage works is $631,406.66, as per Table 8.1 of the Engineer’s Report;

AND WHEREAS $212,079.62 is the amount to be charged to the City of Ottawa for construction of the drainage works in accordance with Schedule A, Summary Schedule of Assessment, in the Engineer’s Report;

AND WHEREAS the remaining cost of the construction of the drainage works is to be charged to the landowners in the drainage basin in accordance with Schedule A, Summary Schedule of Assessment, in the Engineer’s Report;

AND WHEREAS Council of the City of Ottawa is of the opinion that the drainage of the area is desirable;

AND WHEREAS Council of the City of Ottawa considers it desirable to give this By-law 1^st and 2^nd reading on June 10, 2009 so that it is provisionally adopted pursuant to Section 45 of the Drainage Act;

THEREFORE the Council of the City of Ottawa enacts as follows:

1. The report entitled Engineer’s Report, Dowdall Municipal Drain, Modifications and Improvements, Goulbourn Ward and Township of Beckwith, dated April 2009 and filed with the City Clerk (the “Engineer’s Report”), is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith.

2. The Corporation of the City of Ottawa may borrow on the credit of the Corporation the amount of $631,406.66 being the amount necessary for construction of the drainage works.

3. The Corporation of the City of Ottawa may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of the following:

(a) grants received under Section 85 of the Act,

(b) commuted payments made in respect of lands and roads assessed within the municipality,

(d) money assessed in and payable by another municipality,

and such debentures shall be made payable within ten (10) years from the date of the debenture and shall bear interest at a rate to be set by the City of Ottawa

4. Of the $212,079.62 to be charged to the City of Ottawa for the construction of the drainage works, the sum of $185,889.44 is assessed for special benefit.

5. The remaining cost of the construction and future maintenance of the drainage works shall be charged to the landowners in the drainage basin in accordance with Schedule A, Summary Schedule of Assessment, of the Engineer’s Report.

6. All net assessments of $1,000.00 or less are payable in the first year in which the assessment is imposed.

7. The existing Morold Municipal Drain is abandoned pursuant to section 84 of the Drainage Act, R.S.O. 1990, c. D.17.

8. This By-law comes into force on the passing thereof and may be cited as the “Dowdall Municipal Drain Improvement By-law 2009”.

ENACTED AND PASSED this day of July, 2009

CITY CLERK MAYOR