Report to / Rapport au:

Agriculture and Rural Affairs Committee

Comité de l’agriculture et des questions rurales

and Council / et au Conseil

10 May 2012/ le 10 mai 2012

Submitted by / Soumis par: Steve Kanellakos,

Deputy City Manager / Directeur municipale adjointe

City Operations / Opérations municipales

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

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

Alta Vista Ward 18

Ref N°: ACS2012-COS-ESD-0007

SUBJECT:	SOUTH CYRVILLE Municipal DRain Modifications

OBJET :	modifcations de DRAINAGE municipal South Cyrville

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer’s Report dated February 2012 for a drainge project under Subsection 78 (1.1) with respect to the existing drainage works known as the South Cyrville Municipal Drain and give 1st and 2nd reading to the By-law attached as Document 2 to this report in accordance with Sections 42 and 45 of the Drainage Act of Ontario.

RECOMMANDATION DU RAPPORT

Que le Comité de l'agriculture et des affaires rurales recommande au Conseil d'approuver le rapport d'ingénieur daté de février 2012 portant sur un projet de drainage visé au paragraphe 78(1.1) de la Loi sur le drainage de l'Ontario relativement à des installations existantes de drainage, connues sous le nom de drain municipal de Cyrville-Sud, et de soumettre aux 1^re et 2^e lectures le texte de règlement municipal constituant le document 2 ci-joint, conformément aux articles 42 et 45 de ladite loi.

BACKGROUND

The City of Ottawa is in receipt of a request for modifications to the South Cyrville Municipal Drain from the landowners of 1410 Triole Street, in the watershed of the drain. Under Section 78 of the Drainage Act, R.S.O. 1990, a new engineer’s report is required to address the requested modifications within the subwatershed to accommodate commercial development on the property and related drainage issues.

Staff recommended and Council approved, in October 2011, the appointment of John van Gaal, P.Eng. of Stantec Consulting Ltd. to conduct the work associated with this request for modifications.

DISCUSSION

The South Cyrville Municipal Drain was first constructed in 1946 under By-law No. 22 in the former Township of Gloucester and improved in 1996 under By-law 158 in the City of Gloucester. The extent of the drainage system modifications consists of the relocation of 87 metres of municipal drain to the requesting landowners’ southern property boundary and will add an additional 34 metres to the total length of the drain.

This report places the Engineer’s Report and provisional by-law for modifications to an existing drainage works before the Agriculture and Rural Affairs Committee and Council as required under Section 78 of the Drainage Act.

Schedule for the South Cyrville Municipal Drain Modifications

The Drainage Act prescribes the process and timelines that must be followed for any modification or construction of a municipal drain.

Should the Agricultural and Rural Affairs Committee and Council approve the Engineer’s Report, prepared by Stantec Consulting Ltd., and give 1st and 2nd reading to the provisional by-law attached, the estimated schedule will be as follows:

· Consideration of Engineer’s Report – May 2012

· 1st and 2nd reading of provisional By-law at Council – May 2012

· Court of Revision – ARAC – July 2012

· 3rd and final reading of By-law – July 2012

· Commencement of tendering and construction of drainage works – Q3/Q4 of 2012

RURAL IMPLICATIONS

There are no rural implications related to this report.

CONSULTATION

As part of the development planning process consultation between the developer, their representatives, City staff and regulatory agencies is ongoing.

COMMENTS BY THE WARD COUNCILLOR

The Councillor for Alta Vista is aware of this report and the proposed drainage works.

LEGAL IMPLICATIONS

There are no legal impediments to the implementation of the recommendation in this report.

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

FINANCIAL IMPLICATIONS

This report has no budget or tax implications. All costs associated with the preparation of the Engineer’s Report have been paid for from Internal Order 906194 Municipal Drain Improvements and will be recovered, in its entirety, from the benefiting landowners according to the Report of the Engineer and associated By-law. All costs associated with the construction of the drainage works are to be paid directly by the requesting landowners.

ENVIRONMENTAL IMPLICATIONS

The modifications to the South Cyrville Municipal Drain are associated with a site plan application. There are no provincially significant wetlands affected by this undertaking. Any proposed works will require compliance with City, Provincial and Federal policies, standards, regulations and legislation.

TECHNOLOGY IMPLICATIONS

There are no technology implications related to this report.

ACCESSIBILITY IMPACT

There is no accessibility impact related to this report.

CITY STRATEGIC PRIORITY

The proposed works to the South Cyrville Municipal Drain will fulfill the Environmental Stewardship Priority ES1 Improve stormwater management.

SUPPORTING DOCUMENTATION

Document 1 – South Cyrville Municipal Drain Location Plan

Document 2 – Provisional By-law for the South Cyrville Municipal Drain

Document 3 – Engineer’s Report – South Cyrville Municipal Drain Modifications

DISPOSITION

The Drainage Superintendent shall notify all affected landowners and regulatory agencies of the decision of Council.

DOCUMENT 2

BY-LAW NO. 2012 -

A by-law of the City of Ottawa to provide for a drainage works project changing the course of the existing drainage works known as the South Cyrville Municipal Drain.

WHEREAS the drainage works known as the South Cyrville Municipal Drain

were originally constructed under Corporation of the Township of Gloucester By-law no. 22 of 1946;

AND WHEREAS the drainage works were reconstructed under Corporation of the Township of Gloucester By-law no. 200-1997 in accordance with the engineer’s report prepared by Robinson Consultants Inc., Consulting Engineers, dated September 1997, a copy of which is attached to this By-law and marked as Schedule “A”;

AND WHEREAS a Drainage Engineer, Stantec Consulting Ltd., was appointed on May 28, 2010 by the Council of the City of Ottawa in accordance with the provisions of Section 78 of the Drainage Act, R.S.O. 1990, c. D.17 (the “Drainage Act”) to prepare an engineer’s report for a project to change the course of the drainage works in accordance with Subsection 78 (1.1) of the Drainage Act with respect to the area requiring drainage, being (i) Part of lots 31, 32 and 47, Plan 63, as in N471655, Ottawa/Gloucester, Property Identifier Number 04263-0037 (LT), municipally known as 1410 Triole Street in the City of Ottawa, and (ii) Part of lots 33 and 48, Plan 63, being Part 1 on Plan 5R10446, Ottawa/Gloucester, Property Identifier Number 04263-0036 (LT), municipally known as 1438 Triole Street in the City of Ottawa;

AND WHEREAS the South Cyrville Municipal Drain upon enactment and passage of this by-law and shall be maintained in accordance with the provisions of the Drainage Act;

AND WHEREAS the Council of the City of Ottawa has procured an Engineer’s Report pursuant to Section 78 of the Drainage Act, R.S.O. 1990, c. D.17 and the report dated February 2012 prepared by Stantec Consulting Ltd., Consulting Engineers is on file with the City Clerk and Solicitor and is attached to this by-law and marked as Schedule “B”;

AND WHEREAS the estimated total cost associated with the construction, engineering, contract administration, allowances, report and contingencies of the drainage works is $397,000.00 as per the Stantec Consulting Ltd., Consulting Engineer’s Report dated February 2012;

AND WHEREAS all of the costs associated with the construction of the drainage works that are described the Stantec Consulting Ltd., Consulting Engineer’s Report dated February 2012 shall be paid jointly and severally by (i) the owner of Part of lots 31, 32 and 47, Plan 63, as in N471655, Ottawa/Gloucester, Property Identifier Number 04263-0037 (LT), municipally known as 1410 Triole Street in the City of Ottawa, and (ii) the owner of Part of lots 33 and 48, Plan 63, being Part 1 on Plan 5R10446, Ottawa/Gloucester, Property Identifier Number 04263-0036 (LT), municipally known as 1438 Triole Street in the City of Ottawa;

AND WHEREAS Council of the City of Ottawa will give this by-law 1^st and 2^nd reading on May 23, 2012 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 Improvement of the South Cyrville Municipal Drain, dated February 2012, filed with the City Clerk and Solicitor, and attached to this by-law as Schedule “B”, is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith.

2. All costs associated with the construction of the drainage works that are described in the Stantec Consulting Ltd., Consulting Engineer’s Report dated February 2012 shall be paid jointly and severally by (i) the owner of Part of lots 31, 32 and 47, Plan 63, as in N471655, Ottawa/Gloucester, Property Identifier Number 04263-0037 (LT), municipally known as 1410 Triole Street in the City of Ottawa, and (ii) the owner of Part of lots 33 and 48, Plan 63, being Part 1 on Plan 5R10446, Ottawa/Gloucester, Property Identifier Number 04263-0036 (LT), municipally known as 1438 Triole Street in the City of Ottawa

3. All costs associated with the future maintenance of the drainage works shall be charged to the landowners in accordance with Schedule B of the engineer’s report prepared by Robinson Consultants Inc, September 1997;

4. All costs associated with the future maintenance of the culvert located on (i) Part of lots 31, 32 and 47, Plan 63, as in N471655, Ottawa/Gloucester, Property Identifier Number 04263-0037 (LT), municipally known as 1410 Triole Street in the City of Ottawa, and (ii) Part of lots 33 and 48, Plan 63, being Part 1 on Plan 5R10446, Ottawa/Gloucester, Property Identifier Number 04263-0036 (LT), municipally known as 1438 Triole Street in the City of Ottawa shall be assessed in the same proportion as set out in Schedule B of the engineer’s report prepared by Robinson Consultants Inc. Consulting Engineers September 1997, a copy of which is attached to this by-law as Schedule “A”.This by-law comes into force on the passing thereof and may be cited as the “South Cyrville Municipal Drain By-law, 2012”;

5. This by-law comes into force on the passing thereof and may be cited as the “South Cyrville Municipal Drain Relocation Project By-law, 2012”.

ENACTED AND PASSED this day of , 2012

CITY CLERK MAYOR