Report To: From: Subject: Development Services Committee Commissioner, Development Services Department Item: DS-09-146 File: B-8140 (1 19) Harmony Creek Branch 1, from Olive Avenue to approximately 350m north PUBLIC REPORT Date of Report: April 29, 2009 Date of Meeting: May 4, 2009 War: 3 1.0 PURPOSE The purpose of this report is to receive approval to enter into agreements with property owners abutting Harmony Creek Branch 1 (from Olive Avenue to approximately 350m north) to unertake creek bank erosion control works on private property an to procee with the works, incluing works on City lan an a Regional culvert, in 2009. On July 16, 2007 Council irecte staff, following the consieration of Report DS-07-201 ate July 4, 2007 to: Unertake a preliminary esign an buget for bank stabilization works in this area; = Meet area resients to overview an explain the preliminary esign an buget; an Refer funing to the 2008 Capital Buget. Exhibit No. 1 illustrates the general location of the subject reach an the extent of the propose works. Exhibit No. 2 contains photographs taken recently along the subject creek reach. Attachment No. 1 is a list of the property owners who have confirme their interest in participating in the works an their respective cost share. Attachment No. 2 is a copy of the City's Cost-Sharing Policy for Bank Erosion Control Works on Private Property. Attachment No. 3 is a copy of Report DS-07-201, ate July 4, 2007 which avise Council that certain property owners along the subject reach ha petitione the City to unertake remeial creek bank stabilization work abutting their properties an which inclue a recommenation from staff to, amongst other matters, o a preliminary esign an buget an meet the area resients.
Report to the Development Services Committee (Continue) Item: DS-09-146 Meeting Date: May 4,2009 2.0 RECOMMENDATION That the Development Services Committee recommen to City Council: 1. That, pursuant to Report DS-09-146 ate April 29, 2009, the Mayor an Clerk be authorize to execute agreements between the Corporation of the City of Oshawa an all property owners abutting Harmony Creek Branch 1 from Olive Avenue to approximately 350m north who confirm their interest to participate in the bank erosion control work project, in a form acceptable to the Director of Legal Services, for the purpose of unertaking works on private property. 2. That, subject to the successful negotiation of the agreements reference in part 1, above, the City procee with the bank erosion control works in 2009, pursuant to Report DS-09-146 ate April 29, 2009. 3. That a copy of Report DS-09-146 ate April 29, 2009 be forware to the relevant property owners. 3.0 EXECUTIVE SUMMARY Over the last 10 years, the City has perioically receive complaints regaring erosion problems along Harmony Creek Branch 1 from Olive Avenue to approximately 350m north. If left uncorrecte, continue erosion will result in the loss of valuable lans an mature trees. This area is now classifie as a high priority site for an erosion control project. Pursuant to Council irection, a preliminary esign an costing has been one for the works. The works involve: Slope stabilization incluing bouler placement, vortex weirs to irect flow away from the banks, tree removal, propose rootwas, etc.; Improvements to two storm sewer outfalls owne by the City; Aitional reinforcement to the existing bollar erosion control treatment along the westerly limit of the City's Harmony Village Park locate to the immeiate north of the subject reach; an Removal of seiment within a cell of the Olive Avenue culvert. Council has also approve sufficient funing for the works in the 2008 an 2009 Capital Bugets. All of the homeowners abutting the propose work have committe to cost share in the works. Appropriate access has also been committe to. The City shoul procee with the works at this time.
Report to the Development Item: DS-09-146 Services Committee (Continue) -3- Meeting Date: May 4,2009 Accoringly, it is recommene that the City execute agreements with the property owners who wish to participate an procee with the project. 4.0 INPUT FROM OTHER SOURCES 4.1 General 9 Pursuant to Council irection, on September 10, 2008 a Public lnformation Session was hel with the affecte property owners on Lorinale Drive, Florell Drive an Walnut Court to present a preliminary esign an cost estimate for the bank erosion control works an to obtain input. 9 After the Public lnformation Session, a number of meetings were hel with iniviual property owners to solicit further etaile input. 9 CLOCA has been consulte at various stages of the project, are supportive an agree with the esign in principle. 9 The Region of Durham has been consulte an will contribute $20,000 towars removing seiments from the east cell of the culvert uner Olive Avenue. 4.2 Auitor General 5.0 ANALYSIS P Active erosion problems along Harmony Creek, Branch 1 from Olive Avenue to about 350m north have been an issue for some time. 9 The subject reach is now a high priority site base on significant erosion that occurre uring the 2008-2009 winter, the recent failure of some existing makeshift erosion protection measures an the loss of mature trees (see Exhibit No. 2). 9 In 2007, Council authorize staff to: Unertake a preliminary esign an buget for bank works on Harmony Creek, Branch 1, between Olive Avenue an Harmony Village Park; Meet area resients to overview an explain the preliminary esign an buget; an Refer the funing for bank works to the City's 2008 Capital Buget for consieration.
Report to the Development Services Committee (Continue) Item: DS-09-146 Meeting Date: May 4,2009 P Exhibit No. 1 illustrates the propose location of the bank erosion control works. The works inclue: Slope stabilization incluing bouler placement, vortex weirs to irect flow away from the banks, tree removal, propose rootwas, etc.; Improvements to two storm sewer outfalls owne by the City; Aitional reinforcement to the existing bollar erosion control treatment along the westerly limit of the City's Harmony Village Park locate to the immeiate north of the subject reach; an Removal of seiment within a cell of the Olive Avenue culvert. P A public information session was hel with affecte property owners on September 10, 2008. P Of the thirty-one property owners in the subject reach: Fifteen have agree, in principle, to the work on their property an their cost share in accorance with the City's current policy (see Attachment No. 2); an Sixteen are not willing to participate. These iniviuals believe that the propose creek works will not benefit their properties, that their properties are not at risk from the ongoing erosion of the creek anlor have reservations with the cost sharing estimates; an Thirteen of sixteen non-participating owners have no objection to allowing the City's contractor to access the creek be on their properties for the purpose of constructing the propose works for the benefit of other property owners provie that their sie of creek bank is not amage. P It is recommene that the subject bank works be unertaken in 2009 for the following key reasons: The subject reach has a long history of erosion problems ating back to the early 2000's; The erosion problems will not get worse if not correcte promptly; A sufficient number private properties can be aresse an these property owners will cost-share at this time; A sufficient number of property owners will grant access for construction; The Region has agree to participate in the culvert clean-out portion of the project; an The project can be complete within the funing allocation alreay approve by Council. 6.0 FINANCIAL IMPLICATIONS P The total estimate cost of the propose erosion works is *$666,500. This cost estimate is subject to revisions as etaile esign procees. In aition, certain property owners may change their position on cost sharing.
Report to the Development Item: DS-09-146 Services Committee (Continue) -5- Meeting Date: May 4,2009 P The works are subject to the City's current Cost-sharing Policy for bank erosion control works for private property (85% City an 15% private property owners). P The estimate cost sharing for this project is as follows: City Share Region of Durham Property Owners' Share Total 3 If the Region's share is exclue, the City's actual share of the cost will be slightly greater than the 85% split. This is attributable to the aitional works neee on the City's Harmony Village Park an also storm sewer outfall repairs on two City easements existing within the subject reach. F All final cost-sharing amounts are subject to change pening further negotiation with potential participants an also base on actual construction costs. F Funing for this project ($1,040,000) was approve as part of the 2008 an 2009 Capital Bugets ($1 00,000 an $940,000 respectively). The majority of the funing for this project is provie form the Development Charge Reserve. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN 3 The Recommenation avances Goal B (A Green an Sustainable Community) of the Strategic Plan by taking a proactive approach to environmental protection an by protecting natural features. ~ihctor, ~n~ineerin~ services PLllmhlc Attachments ervices Department
1 DS-09-146 Exhibit No. 1 DEVELOPMENTSERVICES, CITY OF OSHAWA Application Type : Erosion Protection Work Location: Harmony Creek Branch 1 From Olive Ave to approx. 350m North - = Existing precast concrete retaining wall to remain Propose bankstabilization Participating property No response receive 912 Property access only L 8 5 Existing storm sewer outfall
DS-09-146 Attachment No. 1 Watercourse Improvement Project Harmony Creek Branch 1 From Olive Avenue To Approximately 350m North Name Aress Property Owners' Share City of Oshawa Region of Durham Antonio Marano & Maria Wojcik Wilfre & Victoria Walker Paul Komonko Darren Mercier & Stephanie Frelon Douglas & Sanra Ackerblae John & Dianne Vesters John Milton Patrick & Lynn McArthur Joseph Rozjnik John & Gail Lucyk Wilfre & Stephanie Gillberry Peter & Elsie Gosselin Daryl Hooper & Melanie Thickins Richar & Barbara Cichowski Robert & Kathleen Owens Total** 238 Lorinale Drive 246 Lorinale Drive 258 Lorinale Drive 270 Lorinale Drive 274 Lorinale Drive 280 Lorinale Drive 286 Lorinale Drive 906 Florell Drive 900 Florell Drive 894 Florell Drive 883 Walnut Court* 889 Walnut Court 895 Walnut Court 899 Walnut Court 905 Walnut Court $566,700 $20,000 $4,400 $8,200 $1,900 $5,100 $4,900 $4,800 $2,200 $5,300 $5,300 $6,200 $0 $6,400 $7,800 $7,800 $9,500 $666,500 *Existing Easement for City of Oshawa Storm Sewer Outfall No. 77. **Please note that totals are subject to change pening further negotiation with potential participants.
PROPOSED COST-SHARING POLICY FOR BANK EROSION CONTROL WORKS ON PRIVATE PROPERTY Where it has been etermine that upstream evelopment may have been a contributing factor to ownstream erosion, the City will cost-share in erosion protection works on private property on the following basis: 1. The total cost of the project, incluing survey, esign, an construction, shall be assesse as follows: City 85% Property Owner 15% 2. City funing must be available an approve for the work. The timing of the work wiil be at the iscretion of the City. 3. The erosion site must have been ientifie an catalogue in the City's erosion inventory as a high or meium priority site. 4. The City will be responsible for all surveys, esign, an construction, an for obtaining a11 necessary approvals an permits for the work. 5. Work will be performe on a reach-by-reach basis. 6. A signe petition is require from all affecte property owners requesting the City unertake the work, The property owners shall take the lea role in securing agreement from their neighbours. Ail affecte property owners must agree for the work to procee. 7. All property owners must agree to provie necessary, permanent easements for the work. In some situations, temporary construction easements may also be require. The with, location, an type of easement(s) shall be etermine by the City. 8. Each affecte property owner will be require to enter into a formal agreement with the City to secure all legal an financial obligations for the work. All agreements must be execute an property owner ffinancial payments mae before construction procees. 9. The City will not cost-share in erosion protection work require on private property where it has been etermine that upstream evelopment has not been a contributing factor.
item No. Report To: From: Development Services Committee Commissioner, Development Services Department Item: DS-07-201 File: Subject: Harmony Creek, Branch 7, from Olive Avenue to Approximately 350m North 58140 01 4 9 PUBLIC REPORT Date of Report: July 4,2007 Date of Meeting: July 9,2007 War(s): 3 1.0 PURPOSE The purpose of this report is to avise Council that certain resients of Florell Drive, Walnut Court an Lorinale Drive have petitione the City to unertake remeial creek bank stabilization work along the portion of Harmony Creek abutting their properties. Exhibit No. 1 to this report illustrates the general location of the subject reach an the resients who have petitione for the work. The subject reach has a length of approximately 350m extening north from Olive Avenue to the confluence of Harmony Creek Branches 1 an 5. Exhibit No. 2 is a photograph showing the interim works that the City has carrie out along a portion of Harmony Creek at Harmony Village Park. Exhibit No. 3 contains photographs taken recently along the subject creek reach. Attachment No. 1 is an example of the petition form letter use by the area resients. Attachment No. 2 is a list of the property owners' along the subject reach who have petitione for the work. Attachment No. 3 is a copy of the City's Cost-Sharing Policy for Bank Erosion Control Works on Private Property. 2.0 RECOMMENDATION That the Development Services Committee recommen to City Council: 1. That, base on Report DS-07-201 ate July 4, 2007, the petition from the area resients of Florell Drive, Walnut Court an Lorinale Drive requesting the City to unertake remeial Creek bank stabilization work be receive an file. 2. That City staff be authorize to unertake a preliminary esign an buget for bank stabilization works on Harmony Creek, Branch 1, between Olive Avenue an Harmony Village Park.
~eiort to the Development Item: DS-07-201 Services Committee (Continue) -2- Meeting Date: July 9,2007 3. That staff be authorize to meet area resients to overview an explain the preliminary esign an buget. 4. That the remeial creek bank stabilization project be referre to the City's 2008 Capital Buget for consieration. 5. That a copy of this report be forware to the impacte resients on Florell Drive, Walnut Court an Lorinale Drive. 3.0 EXECUTIVE SUMMARY Over the last 10 years, the City has perioically receive complaints regaring erosion problems along Harmony Creek Branch I from Olive Avenue to approximately 350m north. If left uncorrecte, continue erosion will result in the loss of valuable lans an mature trees. A petition signe by the majority of the area resients requesting that the City unertake remeial creek bank stabilization work along the subject reach has now been receive. It is recommene that the require creek bank protection works be consiere as part of the City's 2008 Capital Buget. 4.0 INPUT FROM OTHER SOURCES 9 On October 25, 2006, staff attene a meeting at the Donevan Community Centre organize by the resients of Florell Drive, Walnut Court an Lorinale Drive to iscuss erosion along Harmony Creek an the possibility of the City unertaking erosion protection works. Messrs. John Vester an Doug Ackerblae organize the meeting an avise that 31 property owners were invite to the meeting. Over twenty property owners attene the meeting. 9 On December 14, 2006, Mr. John Vester submitte a petition signe by 24 property owners requesting that the City unertake a remeial creek bank stabilization project to stop the active bank erosion at the back of their properties. 9 Central Lake Ontario Conservation Authority staff have been consulte on various alternative methos to aress the ongoing erosion problems an support an erosion protection project.
~ebrt to the Development Item: DS-07-201 Services Committee (Continue) -3- Meeting Date: July 9,2007 5.0 ANALYSIS > Active erosion problems along this particular reach of Harmony Creek, Branch 1 (from Olive Avenue to approximately 350m north) have been ientifie an catalogue in the City's Watercourses Erosion Inventory. The reach has been rate as a meium priority site. > There have been numerous complaints about erosion from area resients on this portion of Harmony Creek since 1996. > In early 2001, in an attempt to slow own the erosion process, the City unertook an interim erosion protection project utilizing woo posts (Exhibit No. 2) along the east bank of the subject reach within the City's Harmony Village Park. The interim works have been effective in arresting erosion activities in the park, but o not aress the erosion which is occurring on the balance of the subject reach. 9 In this regar, the creek bank for this reach has eteriorate to a stage where, if left uncorrecte, ongoing erosion will result in the loss of more useable private property, potential amage to existing erosion protection measures installe by property owners an the loss of mature trees (Exhibit No 3). P A petition signe by the majority of the area resients (24 out of 31 properties) abutting this reach of Harmony Creek has been receive requesting that the City unertake erosion protection works an agreeing to cost sharing. P While the petition oes not represent unanimous consent from the affecte property owners as require by City policy (Article 6, Attachment No. 3), there are sufficient signatures to warrant proceeing with a preliminary esign an buget to present to all property owners for their consieration, Funing for the project shoul therefore be referre to the 2008 buget. 6.0 FINANCIAL IMPLICATIONS > The project, if approve by Council as part of the 2008 Buget, will be subject to the City's current cost-sharing policy for bank erosion control works on private property, which requires a cost sharing of 85% (City) an 15% (property owners). 9 The majority of the City's share is expecte to be fune through evelopment charges. 9 An estimate has not yet been evelope for this project but wilt be prepare as part of the preliminary esign an inclue in the 2008 Capital Buget submission.
* Report to the Development Item: DS-07-201 Services Committee (Continue) -4- Meeting Date: July 9,2007 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN The Recommenation avances Goal A (A Vibrant, Strong an Progressive Community), Goal B (A Green an Sustainable Community) an Goal C (A Caring an Responsive Community) of the City's Community Strategic Plan by promoting a positive City image, by improving an protecting environmental features an by ensuring accountability an effective City management. - / h, L M. J.!&I$, P. Eng. Director, Engineering Services Thomhs 0. Hogins, Development Commissioner MSlPUlhlc Attachments
Property approache C m W OstuYiA DEVELOPMENT SERWCES DEPARTIMENT Petition receive June 26,2007 c.2 I?
Looking southerly from Harmony Creek Br. 5 confluence
Exhibit No. 3 Harmony Creek Branch 1 North of Olive Ave.
Attachment No. 1 Date Mr. Mohan Toor, P. Eng.,Water Resources Manager Department of Development Services The Corporation of the City of Oshawa 50 Centre Street South Oshawa, Ontario L1H 327 Mr. Toor: We, the affecte lanowners at hereby petition the City of Oshawa to commence the remeial Creek bank stabiliition work neee on the Harmony Creek where it cmsses our properties. We are agreeable to contribute that part of the cost as state in Clause 1 of the Funing Policy for erosion protection works on private property aopte by City Council on March 17,2003, an we are willing to convey to the City an easement for construction an maintenance purposes for the work to be unertaken an maintaine. It is our unerstaning that the exact easement requirements an the actual cost payment for our lot will be etermine after the etaile esign has been unertaken. We unerstan that the project is contingent upon the availability of funing to finance the City's portion of the project. We also acknowlege that we are require to enter into a formal agreement with the City to secure all legal an financial obligations for the work before any construction will procee. We woul appreciate anything the City can o to solve this erosion problem cause by the Harmony Creek on our properties. If you nee any further information, please call us. Name Signature Telephone No. Name.Signature Telephone No.
Attachment No. 2 HARMONY CREEK BRANCH I, FROM OLIVE AVENUE TO APPROXIMATELY 200M NORTH OF OLIVE AVENUE Name Benjamin Calman Barbara Craig John & Julie Manning Patrick 8 Lynn McArthur Joseph Rozjnik John & Gail Lucyk Elizabeth Wilson Miriam St Onge & Michel Laplante Stephanie & Wilfre Gillberry Peter & Elsie Gosselin Daryl Hooper & Melanie Thickins Richar & Barbara Cichowski * Robert & Kathleen Owens James & Lily Brittain Goron 8 Karen Burrows Davi Tatum Antonio Marano & Maria Wojcik Wilfre & Victoria Walker Sean & Lisa Doyle * Paul Komonko Robert Galbraith Darren Mercier & Stephanie Frelon Douglas & Sanra Ackerblae John & Dianne Vesters John Milton William & Carol Bray Beverly Mitchell Daniel & Julie Smith Naa & Jevrem Simeunovich Kenneth & Marjorie Cox Robert & Janice Scoffiel Property Aress 922 Florell Drive 91 6 Florell Drive 91 2 Florell Drive 906 Florell Drive 900 Florell Drive 894 Florell Drive 890 Florell Drive 886 Florell Drive 883 Walnut Court 889 Walnut Court 895 Walnut Court 899 Walnut Court 905 Walnut Court 91 3 Walnut Court 91 7 Walnut Court 921 Walnut Court 238 Lorinale Drive 246 Lorinale Drive 252 Lorinale Drive 258 Lorinale Drive 264 Lorinale Drive 270 Lorinale Drive 274 Lorinale Drive 280 Lorinale Drive 286 Lorinale Drive 290 Lorinale Drive 294 Lorinale Drive 300 Lorinale Drive 304 Lorinale Drive 31 0 Lorinale Drive 314 Lorinale Drive Petitione 4 4 4 4 4 4 4 4 4 > * New Property Owners since original Petition was circulate. (New signatures will be require).
PROPOSED COST-SHARING POLICY FOR BANK EROSION CONTROL WORKS ON PRIVATE PROPERTY Where it has been etermine that upstream evelopment may have been a contributing factor to ownstream erosion, the City will cost-share in erosion protection works on private property on the following basis: 1. The total cost of the project, incluing survey, esign, an construction, shall be assesse as follows: City 85% Property Owner 15% 2. City funing must be available an approve for the work. The timing of the work will be at the iscretion of the City. 3. The erosion site must have been ientifie an catalogue in the City's erosion inventory as a high or meium priority site. 4. The City will be responsible for all surveys, esign, an construction, an for obtaining all necessary approvals an permits for the work. 5. Work will be performe on a reach-by-reach basis. 6. A signe petition is require from all affecte property owners requesting the City unertake the work. The property owners shall take the lea role in securing agreement from their neighbours. All affecte property owners must agree for the work to procee. 7. All property owners must agree to provie necessary, permanent easements for the work. In some situations, temporary construction easements may also be require. The with, location, an type of easement(s) shall be etermine by the City. 8. Each affecte property owner will be require to enter into a formal agreement with the City to secure all legal an financial obligations for the work. All agreements must be execute an property owner financial payments mae before construction procees. 9. The City will not cost-share in erosion protection work require on private property where it has been etermine that upstream evelopment has not been a contributing factor.