Document 1
5. PETITION FOR
DRAINAGE WORKS - UPPER FLOWING CREEK - GOULBOURN WARD
PÉTITION POUR DES TRAVAUX DE DRAINAGE – CHEMIN PADEN – QUARTIER
GOULBOURN
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That Council consider the petition and proceed with the drainage works
by appointing Robinson Consultants Inc. as the Engineer of Record to prepare a
report under Section 4 of the Drainage Act; and
That the Engineer’s Report be undertaken expeditiously.
Recommandation MODIFIÉE du comitÉ
Que le
Conseil accepte la pétition et entreprenne les travaux de drainage en désignant
Robinson Consultants Inc. comme étant l’ingénieur visé qui préparera un rapport
en vertu de la section 4 de la Loi sur le drainage; et
Que l’on entreprenne la
rédaction du rapport de l’ingénieur dans les meilleurs délais
1.
Acting
Deputy City Manager, Public Works and Services report dated 30 May 2006 (ACS2006-PWS-UTL-0019).
2. Extract of Draft Minutes 29,
Agriculture and Rural Affairs Committee meeting of June 22, 2006.
Report to/Rapport
au:
Agriculture & Rural Affairs Committee
Comité de l'agriculture et des
questions rurales
and Council / et au Conseil
Submitted by/Soumis par : R.G. Hewitt,
Acting Deputy City Manager/Directeur municipal adjoint par intérim,
Public Works and Services/Services et Travaux publics
Contact
Person/Personne - ressource: Kenneth J. Brothers, Director/Directeur
Utility Services/Services publics
(613) 580-2424 x22609, Ken.Brothers@ottawa.ca
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SUBJECT: |
PETITION FOR DRAINAGE WORKS - UPPER
FLOWING CREEK - GOULBOURN WARD |
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OBJET : |
PÉTITION
POUR DES TRAVAUX DE DRAINAGE – CHEMIN PADEN – QUARTIER GOULBOURN |
REPORT RECOMMENDATION
That the Agriculture and Rural Affairs Committee recommend Council consider the petition and proceed with the drainage works by appointing Robinson Consultants Inc. as the Engineer of Record to prepare a report under Section 4 of the Drainage Act.
Que le Comité de l’agriculture et des questions
rurales recommande que le Conseil accepte la pétition et entreprenne les
travaux de drainage en désignant Robinson Consultants Inc. comme étant
l’ingénieur visé qui préparera un rapport en vertu de la section 4 de la
Loi sur le drainage.
BACKGROUND
The
City of Ottawa is in receipt of a petition for drainage works under Section
4 of the Drainage Act, R.S.O., 1990, from landowners in Goulbourn
Ward in an area requiring drainage as described in the petition for drainage
works as that part of Upper Flowing Creek between Lots 16 and 20, Concession 9,
and Lots 18 and 20, Concession 8, in Goulbourn Ward. Under the Act, a petition for drainage by means of a drainage
works of an area requiring drainage as described in the petition, may be filed
with the Clerk of the local municipality in which the area is situated by,
(a)
the majority in numbers of the owners, as shown in the last revised assessment
roll of lands in the area, including the owners of any roads in the area;
(b)
the owner or owners, as shown by the last revised assessment roll, of lands in
the area representing at least 60 per cent of the hectarage in the area;
(c) where drainage works is required for a road
or part thereof, the engineer, road superintendent or person having
jurisdiction over such road or part;
(d) where a drainage works is required for the
drainage of lands used for agricultural purposes, the Director at the Ontario
Ministry of Agriculture, Food and Rural Affairs.
The
petition dated 29 May 2006, filed with
the Clerk, satisfies conditions (a) and (b) and should proceed on that basis.
The
area requiring drainage has experienced increased flooding in recent years due
to changes to subwatershed boundaries related to ditching on private property,
new residential development, aggregate resource development and beaver activity
and the lack of adequate drainage is having a detrimental effect on nearby
lands and roads. In particular, surface
water that should be conveyed via Flowing Creek is being directed to the Hobbs
Municipal Drain watershed.
Under Section 5(1) of the Drainage Act, Council must consider the petition and decide whether or not to proceed with the drainage works and give written notice of its decision to each petitioner as well as the local conservation authority either of whom may appeal the decision of Council to the Ontario Drainage Tribunal, which may direct the municipality in such respects as the Tribunal considers proper.
ENVIRONMENTAL IMPLICATIONS
Certain lands within the area requiring drainage, have been evaluated under the wetland evaluation process and have initially been found to be considered wetland through complexing with other nearby Provincially Significant Wetland areas, however the designation has not been adopted into the City of Ottawa's Official Plan and some of the properties are being re-evaluated due to landowner concerns. Consultation between the City, local landowners and other interested parties is currently underway to review the wetland evaluation process and in an effort to address landowner concerns.
The drainage problems in the area are, in large part, the result of beaver activity on Flowing Creek, which has not only altered the natural drainage patterns, but has limited flows in the creek itself. Through the Drainage Act process the engineer will be able to provide for and incorporate erosion and sediment control measures and fish habitat measures, which will enhance the functionality and health of the watercourse and allow for future maintenance to protect these features. The Engineer's Report will also define legal subwatershed boundaries preventing future unauthorized changes to the waterway and its associated subwatershed and the associated By-law will ensure legal and sufficient outlet in the future.
The local conservation authority will be notified of Council's decision, in accordance with the Drainage Act and provided with a copy of the Engineer's Report once completed.
Upper
Flowing Creek is located in the rural area of Goulbourn Ward. The drainage works will provide legal and
sufficient outlet for rural lands, some agricultural, and surrounding roads.
CONSULTATION
Pursuant to the Drainage Act each petitioner and the local conservation authority will be notified of Council's decision.
FINANCIAL IMPLICATIONS
Should Council decide to proceed with the drainage works, the City of Ottawa will pay the initial costs of the Engineer's Report and associated drainage works, and will recover the costs in their entirety upon completion of the work from the benefiting landowners, including the City of Ottawa Surface Operations Branch in accordance with the schedule of assessement in the Engineer's Report. Funds are available in Internal Order 902960 from the 2006 Capital Budget.
SUPPORTING DOCUMENTATION
Document 1 - Plan of the Area Requiring Drainage
DISPOSITION
Staff shall notify all petitioners and the local conservation authority of the decision of Council.
PETITION FOR DRAINAGE WORKS - UPPER FLOWING CREEK - GOULBOURN WARD
PÉTITION POUR DES TRAVAUX DE DRAINAGE – CHEMIN PADEN –
QUARTIER GOULBOURN
ACS2006-PWS-UTL-0019
Councillor El-Chantiry moved a
motion on behalf of Councillor Stavinga.
Moved by Councillor El-Chantiry
That the Agriculture and Rural Affairs Committee
recommend that Council recommend that the Engineer’s Report be undertaken
expeditiously.
CARRIED
A written submission was received
from Mr. K. McRae and is held on file.
The Committee then voted on the
report as amended.
That the Agriculture and Rural Affairs
Committee recommend Council consider the petition and proceed with the drainage
works by appointing Robinson Consultants Inc. as the Engineer of Record to
prepare a report under Section 4 of the Drainage Act; and
That the Engineer’s
Report be undertaken expeditiously.
CARRIED
as amended