5. Petition for drainage works - Upper Karl
INSTALLATIONS MUNICIPALES DE DRAINAGE - UPPER KARL
That Council approve the Preliminary Engineer's Report for the Upper Karl Municipal Drain and instruct the Engineer to prepare a full Engineer’s Report in accordance with Section 10(5) of the Ontario Drainage Act.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve le rapport préliminaire de l’ingénieur concernant les installations municipales de drainage Upper Karl et charge l’ingéneiur de préparer un rapport, conformément aux articles 10(5) de la Loi sur le drainage de l’Ontario.
1. Deputy City Manager’s Report, Infrastructure Services and Community Sustainability, dated 26 May 2011 (ACS2011-ICS-ESD-0016).
Report to / Rapport au :
Agriculture and Rural Affairs Committee
Comité de l’agriculture et des affaires rurales
and Council / et au Conseil
Submitted by / Soumis par : Nancy Schepers,
Deputy City Manager / Directrice municipale adjointe
Ref N°: ACS2011-ICS-ESD-0016
That the Agriculture and Rural Affairs Committee recommend Council approve the Preliminary Engineer's Report for the Upper Karl Municipal Drain and instruct the Engineer to prepare a full Engineer’s Report in accordance with Section 10(5) of the Ontario Drainage Act.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des affaires rurales recommande au Conseil municipal d’approuver le rapport préliminaire de l’ingénieur concernant les installations municipales de drainage Upper Karl et charge l’ingéneiur de préparer un rapport, conformément aux articles 10(5) de la Loi sur le drainage de l’Ontario.
The proposed Upper Karl Municipal Drain improvements have been initiated by petition of the Roads Superintendents of both the City of Ottawa and the Township of Beckwith under Section 4 of the Ontario Drainage Act. Of particular concern is the Ashton Station Road which is subject to frequent flooding. Furthermore, poor drainage of the road bed creates hazardous road conditions and increased road maintenance requirements. This causes concern with regard to access for emergency vehicles, school busses and local residents. Public safety is also a concern for vehicles crossing flood waters, as are accidents involving deep waters adjacent to the road and accidents related to the deteriorating road conditions.
The cause of this flooding can be traced to poor drainage outlet conditions that result in back-up of runoff. The goal of the proposed Municipal Drain is to provide a cost-effective solution that balances environmental protection and public safety by providing reliable safe access and reducing the costs and environmental effects of increased road maintenance activities. The option of raising the road bed was considered and found not viable due to cost and safety concerns (height of the road and steep shoulders above deep waters). Increasing the road bed would also involve expropriating land and encroachment on the adjacent Provincially Significant Wetland (PSW). Proposed works within the PSW have been limited to an extent that will achieve the intended goal while minimizing impacts on the wetland feature.
The following is a general description of the proposed works for the Upper Karl Municipal Drain (Document 2), subject to the completion of a full engineer’s report.
Proposed Works for Upper Karl MD
Lower and resize, if required, the existing culvert at Ashton Station Road to match the existing grades of the upstream and downstream channel including embedment. The intent is that a properly sized and located culvert would protect the road from flooding resulting in fewer blockages and decreased maintenance.
Where possible, for access, an area one (1) meter wide in the existing channel located within the PSW is scheduled for vegetation maintenance. The existing vegetation and any blockages within this area would be removed without changing existing grades of the channel or adjacent banks. The intent is that this area will provide improved flow away from Ashton Station Road.
There is a narrow area of the PSW restricted by the adjacent Franktown Road and a height of land. This area is prone to beaver activity and blockages. It was noted at the time of survey that a previous beaver dam had been removed. It is proposed that this area be maintained beaver dam and blockage free. Beaver dams will be removed in accordance with the Department of Fisheries and Oceans (DFO) Operational Statement for Beaver Dams.
Other beaver dams were noted within the channel in the PSW. It is proposed that the beaver dams and accumulated sediment upstream and downstream of the dam be removed in keeping with the Department of Fisheries and Oceans Operational Statement for Beaver Dams.
A cut channel which passes through the raised road bed of the unopened road allowance is also prone to beaver activity and blockages. It is proposed that this previously cut channel be cleaned out to match the existing grades of the upstream and downstream channel and be maintained beaver dam and blockage free.
Downstream of the proposed works, outside the PSW, there is a man-made dam on the existing Karl Municipal Drain. The dam creates a large pond and affects the adjacent property. The dam is in contravention of the By-law governing the Karl Municipal Drain. If this dam must be removed, the provisions of the existing Karl Municipal Drain By-law will be utilized and associated costs will be assessed to the landowner.
An existing ditch running east from Ashton Station Road has historically provided outlet for local surface water, and in particular, a portion of Ashton Station Road. However, obstructions and insufficient outlet within the existing ditch is affecting drainage of local lands and roads and has resulted in flooding of surrounding lands and road maintenance issues for the City.
Under Section 5(1) of the Drainage Act, Council considered the petition and chose to appoint an Engineer to prepare a preliminary report to determine an approximate cost estimate of the drainage works.
The Drainage Act prescribes the process and timelines that must be followed in response to a petition for drainage works. Following is a list of steps taken to date and the future steps in the process for the Upper Karl Municipal Drain.
Steps Taken To Date:
1. Council appointment of the Drainage Engineer to prepare a Preliminary Engineer’s Report (25 June 2008);
2. Meeting with regulatory agencies to review the proposed modifications (25 November 2008);
3. Submission of the Preliminary Engineer’s Report to the City Clerk (December 2010);
· Conduct a Meeting to Consider - The meeting of the Agriculture and Rural Affairs Committee to consider the Preliminary Engineer’s Report (2 June 2011).
Should Council approve of the Committee recommendation to proceed with a Final Engineer’s Report, the following steps will be undertaken:
1. Preparation of the Engineer’s Final Report;
2. Submission of the Engineer's Report to the City Clerk;
3. Conduct a Meeting to Consider - The meeting of the Agriculture and Rural Affairs Committee to consider the Engineer’s Report;
4. Council approval of the Committee recommendation and first and second reading of the By-law (subject to the outcome of the Meeting to Consider and associated appeals process);
5. 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 provisions under the Drainage Act for further appeal of their assessment;
6. Third reading of the By-law at Council;
7. Only following the recommended works proceeding through the approval process would construction activity occur. At this time, staff anticipates that the necessary construction work of the drainage works would begin in late 2012; and,
8. Assessment of the costs to benefiting landowners and road authorities (2014).
This report places the Preliminary Engineer’s Report before the Agriculture and Rural Affairs Committee as the Meeting to Consider as required by the Drainage Act. The period for filing the Engineer's Report was extended under Section 39(1) of the Drainage Act by Council resolution on 10 December 2008. As such, the submission and consideration of this report conforms to this timeline.
In consultation with the Rideau Valley Conservation Area (RVCA), the Council-appointed Drainage Engineer is proposing to restore the functionality of the existing ditch through the replacement of the non-functioning or undersized culverts and the removal of several beaver dams within the ditch itself. There may also be some minor channel cleaning and channel reshaping.
The intent of the drainage works is to relieve the area of nuisance flooding and obstructions in the existing ditch to allow for adequate drainage and reduced maintenance of Ashton Station Road while minimizing impacts on the Provincially Significant Wetlands in the area.
The RVCA has been consulted on the project from the outset and was provided with a draft copy of the Preliminary Engineer's Report. The RVCA’s concerns relate primarily to potential impact on Provincially Significant Wetlands and fish habitat. Additional information to assess permit/regulatory requirements with regard to any minor channel cleaning or reshaping will be provided in the Final Engineer’s Report.
Some of the lands west and east of Ashton Station Road are designated Provincially Significant Wetland and Rural Natural Feature under the Official Plan. The road authorities are seeking permanent legal and sufficient outlet for excess surface water through the Drainage Act.
With the construction of the works recommended by the subsequent Engineer’s Report, the Upper Karl Municipal Drain will provide legal and sufficient outlet for a portion of Ashton Station Road.
The RVCA was consulted on the project and provided with a copy of the Preliminary Engineer's Report on 25 November 2008. Comments were received on 12 January 2009.
A meeting between representatives of the City of Ottawa and the Township of Beckwith was held on 13 August 2008. The local Councillor from the City of Ottawa, Ward 21, and the Reeve and CAO of the Township of Beckwith were also in attendance.
It was agreed by all parties that a Preliminary Engineer’s Report, under the Drainage Act, was the preferred approach to this petition.
COMMENTS BY THE WARD COUNCILLOR
The local Councillor has been consulted and is in support of the report.
City operational staff have advised legal counsel in the Corporate Development and Environmental Law Branch that the general description of the proposed works for the Upper Karl l Municipal Drain as set out in this report are the same as the drainage works that the drainage engineer is recommending as part of “Solution #2” in the preliminary engineer’s report dated November 2010 (the “Engineer’s Report”). The following is an excerpt from Section 9.0 entitled Estimated Total Cost of Recommended Solution on page 8 of the Engineer’s Report:
The cost of this solution [Solution #2], including the required Engineer’s Report, Fish Habitat and Fish Community Assessment Report, Inspection, Administration, and Construction cost is $169,000. This Solution is considered to be the most cost effective for the intended purpose, it should receive Agency approval and will provide a reasonable level of drainage for Ashton Station Road as well as providing some relief for upstream property owners.
The proposed distribution of costs would be 90% to the City of Ottawa road authority, 5% to the Township of Beckwith road authority and 5% to the property owners in the watershed.
On the basis that the $169,000 cost estimate provided by the drainage engineer includes the cost of all works and studies required to satisfy all Agency requirements associated with the drainage works (on page 1 of Engineer’s Report, the drainage engineer lists the agencies that are included in the term “Agency”), there are no legal impediments to implementing the recommendation in this report.
CITY STRATEGIC PLAN
The proposed works meet with several objectives set out in the City’s 2007 - 2010 Strategic Plan. Once implemented, the works will provide a cost-effective solution that balances environmental protection and public safety.
There are no technical implications.
The estimated cost of the drainage works, including the costs of the Preliminary Engineer's Report and final Engineer’s Report is $169,000.
Project costs have and will be paid initially by the City of Ottawa and will be recovered through assessments/recoveries to the benefiting landowners. Funds have been identified in the 2011 Rate Capital Budget in internal order 902960 Municipal Drains Improvements.
Document 1 - Upper Karl Municipal Drain Location Plan
Document 2 - Upper Karl Municipal Drain Work Area Plan
A copy of the Preliminary Engineer's Report has been provided to all Agriculture and Rural Affairs Committee Members.
Upon approval by Council, the City Drainage Superintendent will:
Upper Karl Municipal Drain Location Plan
Upper Karl Municipal Drain Work Area Plan