Report to/Rapport au :

Agriculture & Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

2 February 2005 / le 2 février 2005

Submitted by/Soumis par : R.G. Hewitt, Acting Deputy City Manager/Directeur municipal adjoint intérimaire,

Public Works and Services/Services et Travaux publics

Contact Person/Personne ressource : Ken Brothers, Director/Directeur

Utility Services/Services publics

(613) 580-2424 x22609, Ken.Brothers@ottawa.ca

Ref N°: ACS2005-PWS-UTL-0003

SUBJECT:	CHARTRAND MUNICIPAL DRAIN

OBJET :	InSTALLATIONS MUNICIPALES DE DRAINAGE CHARTRAND

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer's Report for the Chartrand 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 Chartrand 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 Chartrand Municipal Drain was first constructed in 1964 by the former Township of Cumberland. It is located in the vicinity of Innes Road and Frank Kenny Road.
Modifications to the Chartrand Municipal Drain have been requested by the owners of Brigil Homes Ltd. to accommodate a new subdivision and associated stormwater management system. Stantec Engineering Consultants were subsequently appointed by Council on 9 June 2004, to prepare an Engineer’s Report for the modifications, including the abandoned portions of the Chartrand Municipal Drain. The Drainage Act requires that an Engineer’s Report be prepared for any modifications to a municipal drain, and that the assessment to benefiting landowners and road authorities for future maintenance be revised.

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 Chartrand Municipal Drain.) In brief, the complete process includes:

· Appoint an Engineer to prepare the Engineer’s Report (Report completed January 2005);

· Conduct an On-site Meeting with affected landowners to review the proposed modifications, (Completed 7 October 2004);

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 B) presented in this report);

· Council approval of the Committee recommendation and first and second reading of the By-law;

· 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.

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.

ENVIRONMENTAL IMPLICATIONS

The South Nation Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and will be provided with a copy of the Engineer's Report. Approval from both agencies will be required prior to the construction of any drainage works.

RURAL IMPLICATIONS

Modifications to the Chartrand Municipal Drain will impact landowners in the watershed. Affected landowners have been consulted.

CONSULTATION

The On Site Meeting, as required under the Drainage Act, was held on 7 October 2004. Affected landowners, agencies and utilities in the watershed were notified in advance of the meeting.

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

FINANCIAL IMPLICATIONS

The entire cost of the project, including the drainage works and the Engineer's Report, is approximately $290,000.00 and will be paid entirely by the developer, Brigil Homes Ltd. The cost of the Engineer's Report, estimated to be $31,000.00, has been paid for by the City and will be recovered through an assessment to the party requesting the modifications to the drain, Brigil Homes Ltd., in accordance with the Engineer’s Report prepared by Stantec Consulting Ltd., dated January 2005.

ATTACHMENTS

Attachment A- Chartrand Municipal Drain Site Plan

Attachment B- Chartrand Municipal Drain By-Law

DISPOSITION

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

ATTACHMENT A

Chartrand Municipal Drain Site Plan

ATTACHMENT B

BY-LAW NO. 2005 -

A By-law of the City of Ottawa to provide for the improvement of drainage works in the City of Ottawa – Chartrand Municipal Drain.

WHEREAS the Chartrand Municipal Drain By-law, being By-law Number 1588 of 1964 of the former Township of Cumberland was passed pursuant to the Drainage Act (now the Drainage Act, R.S.O. 1990, c.D.17);

AND WHEREAS a portion of the lands referred to in By-law Number 1588 of 1964 of the former Township of Cumberland 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 Cumberland 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 was appointed by the City of Ottawa pursuant to section 78(1) of the Drainage Act, and a report has been procured, made by Stantec Consulting Ltd., and the report is on file with the City Clerk;

AND WHEREAS the Chartrand Municipal Drain, after it is modified pursuant to this By-law will drain the following roads and lands:

City of Ottawa, formerly the geographic Township of Cumberland, more specifically Lots A, 1 to 4, Concession 8; and,

City of Ottawa, formerly the geographic Township of Cumberland, more specifically Part Lot 4, Concession 9;

AND WHEREAS the costs associated with the Engineer's Report is $31,000.00;

AND WHEREAS Le Groupe Brigil Inc. shall pay the entire costs of the abandonment and construction of the drainage works, including the costs associated with 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 March 9, 2005 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 for the Chartrand Municipal Drain, dated January 2005, filed with the City clerk, is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith.

2. Le Groupe Brigil Inc. shall pay the entire cost of abandonment and construction of the drainage works as set out in the report dated January 2005, including the costs associated with the Engineer’s Report.

3. This By-law comes into force on the passing thereof and may be cited as the “Chartrand Municipal Drain By-law, 2005”.

ENACTED AND PASSED THIS day of , 2005

CITY CLERK MAYOR