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11. PRESTON STREET GATEWAY PORTE D'ENTRÉE DE LA RUE PRESTON |
COMMITTEE RECOMMENDATIONS AS AMENDED
That Council:
1.
Dedicate Part of Lot 19, Plan 30425, City of Ottawa,
designated as PARTS 2 and 3 on Plan 4R-23303 and Part of Lot 12, Plan
30425, City of Ottawa , designated as PART 1 on Plan 4R-23303, as part of the
road-right-of-way;
2.
Approve
a waiver to Section 3(2) of the City of Ottawa Encroachment By-law 2003-446( as
amended) in order to permit permanent surface encroachments in the form of
artwork at the northeast and southeast corners of the Gladstone Avenue and
Preston Street intersection;
3.
Amend
the Maintenance and Liability Agreement, originally approved by Council on
November 30, 2005 as part of the ongoing maintenance of streetscape improvements
for Preston Street and to require that the Preston Street Business Improvement
Association fund the total construction (excepting foundations and concrete
crosswalks), as well as the annual maintenance costs and operational costs of
the private art in a form satisfactory to the City Solicitor; and
4.
Waive
the encroachment fee permit costs.
RecommandationS MODIFéES du ComitÉ
Que Conseil :
1. désigne
une partie du lot 19, plan 30425, ville d'Ottawa, désignée comme les PARTIES 2
et 3 sur le plan 4R-23303, et une partie du lot 12, plan 30425, ville d'Ottawa,
désignée comme la PARTIE 1 sur le plan 4R-23303, comme une partie de l'emprise
routière;
2. approuve
une dérogation au paragraphe 3(2) du Règlement 2003-446 (modifié) de la Ville
d'Ottawa sur les droits d'empiètement, afin de permettre des empiètements
permanents en surface sous la forme d'une œuvre d'art aux angles nord-est et
sud-est de l'avenue Gladstone et de la rue Preston;
3. modifie
l'entente sur l'entretien et la responsabilité initialement approuvée par le
Conseil le 30 novembre 2005 dans le cadre des améliorations continues au
paysage de rue de la rue Preston et d'exiger que l'association pour
l'amélioration commerciale de la rue Preston finance la totalité de la
construction (à l'exception des fondations et des passages en béton pour
piétons) ainsi que l'entretien annuel et l'exploitation de l'œuvre d'art privée
d'une manière satisfaisante pour le chef du contentieux de la Ville;
4. renonce
aux coûts d'obtention du permis d'empiètement.
DOCUMENTATION
1.
Deputy
City Manager’s, Infrastructure Services and Community Sustainabily report dated
23 July 2010 (ACS2010-ICA-CSS-0013).
Report to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services
organisationnels et du développement économique
and Council/ et au Conseil
23 July 2010 / le 23 juillet 2010
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Infrastructure Services and Community
Sustainability/Services d 'infrastructure et Viabilité des collectivités
Contact
Person/Personne ressource : Johanne Levesque, Director/Directrice, Community Sustainability Services/Services de
viabilité des collectivités
(613) 580-2424 x 12257 Johanne.Levesque@Ottawa.ca
SUBJECT:
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OBJET :
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REPORT RECOMMENDATIONS
That the Corporate Services and Economic Development Committee
recommend that Council:
5.
Dedicate Part of Lot 19, Plan 30425, City of Ottawa,
designated as PARTS 2 and 3 on Plan 4R-23303 and Part of Lot 12, Plan
30425, City of Ottawa , designated as PART 1 on Plan 4R-23303, as part of the
road-right-of-way;
6.
Approve
a waiver to Section 3(2) of the City of Ottawa Encroachment By-law 2003-446( as
amended) in order to permit permanent surface encroachments in the form of
artwork at the northeast and southeast corners of the Gladstone Avenue and
Preston Street intersection;
7.
Amend
the Maintenance and Liability Agreement, originally approved by Council on
November 30, 2005 as part of the ongoing maintenance of streetscape
improvements for Preston Street and to require that the Preston Street Business
Improvement Association fund the total construction (excepting foundations and
concrete crosswalks), as well as the annual maintenance costs and operational
costs of the private art in a form satisfactory to the City Solicitor; and
8.
Waive
the encroachment fee permit costs.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services organisationnels et du
développement économique recommande au Conseil :
1. De désigner une partie
du lot 19, plan 30425, ville d'Ottawa, désignée comme les PARTIES 2 et 3 sur le
plan 4R-23303, et une partie du lot 12, plan 30425, ville d'Ottawa, désignée
comme la PARTIE 1 sur le plan 4R-23303, comme une partie de l'emprise routière;
2. D'approuver une
dérogation au paragraphe 3(2) du Règlement 2003-446 (modifié) de la Ville
d'Ottawa sur les droits d'empiètement, afin de permettre des empiètements
permanents en surface sous la forme d'une œuvre d'art aux angles nord-est et
sud-est de l'avenue Gladstone et de la rue Preston;
3. De modifier l'entente
sur l'entretien et la responsabilité initialement approuvée par le Conseil le
30 novembre 2005 dans le cadre des améliorations continues au paysage de rue de
la rue Preston et d'exiger que l'association pour l'amélioration commerciale de
la rue Preston finance la totalité de la construction (à l'exception des
fondations et des passages en béton pour piétons) ainsi que l'entretien annuel
et l'exploitation de l'œuvre d'art privée d'une manière satisfaisante pour le
chef du contentieux de la Ville;
4. De renoncer aux coûts
d'obtention du permis d'empiètement.
BACKGROUND
In May 2008, road reconstruction
of Preston Street was initiated by the City from Albert Street to Carling
Avenue to rehabilitate and replace sewers and watermains as well as to install new
sidewalks and roadway pavement. One of
the key goals of this project was to implement the Preston Street Streetscape
Plan that was previously approved by Council on November 30, 2005. Included in
the streetscape design was the concept of an enhanced gateway or piazza feature
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2005/11-30/pec/ACS2005-PGM-POL-0061.htm
at Gladstone and Preston Street intersection signifying this intersection as
the heart of Preston Street and as a destination for activities and events.
The Public Art Program was advised early in the process that the Preston Street Business Improvement Area (BIA) was fundraising to use the site surrounding the intersection of Gladstone and Preston Streets as a gateway feature that would include their own proposed artwork as a component within a piazza concept. It was the BIA’s desire that this intersection not be included as part of the public art program where one percent of funds for municipal development projects is set aside for public art in order to beautify the space and make art accessible to everyone. A subsequent competitive process was held according to the public art policy that was awarded to a local artist to consist of 15 bronze and granite statues that will be installed on other sections of Preston Street at the end of this summer.
Further refining of the gateway/piazza concept initiated by the
Preston Street BIA has led to a proposal for the inclusion of art in the form
of eleven conceptual statues of soccer players (“Bambini”) as a component of
the gateway/piazza with four located on the south east corner and seven located
on the northeast corner of the intersection. In order to accommodate the
concept design for the gateway/piazza as approved by Council on November 30,
2005, additional land was purchased by the City at this intersection. The Preston Street BIA has proceeded on their
own to date with the funding and design of these statues and have hired Stantec
Engineering to assist them with the final design (See Document 1). The eleven
statues which signify the on-field number of team players (‘Bambini”) are
designed by Stantec Engineering and are comprised of precast concrete for the
body, solid steel support dowels, granite head and tempered coloured glass.
The additional purchase of lands to accommodate the piazza design and statues has resulted in a situation wherein portions of the gateway/piazza would be located within the road right-of way while other portions would be located outside the road right-of-way (see Document 2). In order to ensure the consistent maintenance of all aspects of the project, it is recommended that all aspects of the project be located on the right-of-way and thus it is necessary to dedicate the purchased lands as roadway. The Real Estate Partnerships and Development Office has been consulted and are supportive of this approach
The placement of the statues on the roadway will trigger the need for a waiver of S. 2.(3) of the Encroachment By-law 2003-446 which prohibits the construction of new permanent surface encroachments on the City’s right-of-way. Since the BIA is a separate legal entity from the City, it requires permission to place an encroachment on a City roadway.
The terms and conditions associated with waiving the encroachment by-law to permit the statues on the right-of-way can be addressed within the scope of a maintenance and liability agreement. Presently, the existing 2005 maintenance and liability agreement pertaining to the Preston Street Portal Archway at Carling Avenue is being revised to capture changes due to the reconstruction and streetscaping recently completed on Preston and to address revisions to the Portal Arch inspection. It is recommended that this agreement also capture ongoing maintenance obligations and costs for the proposed statues together with the requisite indemnification and insurance provisions which will be the responsibility of the Preston Street BIA.
DISCUSSION
Cities are defined by their communities. Our economic well-being is based on our ability to celebrate our culture and celebrate the diversity of our cities. Recently, there have been a number of landmark initiatives undertaken that have or will enhance our urban fabric and make Ottawa a more interesting and dynamic place in which to live, including the Ottawa Convention Centre, Somerset Chinatown Gateway, Preston Street Portal Archway, Oscar Peterson Commemorative Statue and the recently approved Lansdowne Park Redevelopment.
The proposed statues within the gateway/piazza at this intersection not only establish a visual identity for the community but add to the collective range of community assets that helps distinguish the City as a creative, innovative and culturally diverse city. These features contribute noticeably to the local economy and its balance sheet by attracting visitors thus resulting in a larger tax base.
Meetings between the City and the Preston Street BIA have taken place to discuss the proposed statues and to encourage the BIA to seek input from nearby residents and the Dalhousie Community Association. The BIA has been proactive in seeking public input and is sincere in its desire that this project be endorsed and accepted as a grassroots community initiative and have taken measures to address concerns for the gateway/piazza initiative.
If approved, the footings and statues will be installed in the summer or fall of 2010 or spring of 2011 pending contractor availability.
RURAL IMPLICATIONS
The economic and social benefits noted in this report, although focused towards business in the Preston Street Area, will indirectly benefit tourism related business activities city-wide and in Ottawa’s rural area.
CONSULTATION
The Preston Street BIA met and consulted with the Dalhousie Community Association (DCA) earlier this spring in regard to an initial draft concept plan and then again in July where the proposed gateway/piazza design plan was circulated by the DCA President to community members for comment. The Dalhousie Community Association expressed concern over the loss of pine trees located on the southeast corner of Preston Street and Gladstone Avenue. There are ten existing pine trees located at the south east intersection. Delcan and the Preston Street BIA have advised that four of the pine trees will need to be removed to accommodate the gateway/ piazza and statues. Complementary landscaping at this location will be in the form of shrubs and grasses.
It should be noted that as part of the Rehabilitation of Preston Street, replacement trees have been added at a ratio of 2:1 resulting in an overall improved urban forestation along Preston Street. In total, trees planted include: (46) Deciduous trees; (130) Small deciduous trees; (29) Coniferous trees.
A meeting was also held with residents of the senior’s residence at 865 Gladstone Avenue in close proximity to the proposed gateway/piazza on July 16, 2010. The Ward Councillor attended this meeting and a representative of the Dalhousie Community Association was also in attendance. Generally, neighbours were supportive of the concept and pleased that the statues had been reduced in size, responding to initial concerns pertaining to the scale of the statues resulting in a reduction of the height by one third. It was noted that the statues had originally been planned for 9.5 metres (31 feet) in height and have since been modified to 7.2 metres (23.6 feet) in height, a one-third reduction. As well, the facial design has been modified in response to community comments and may yet be changed to a different material, including the possibility of coloured glass.
COMMENTS BY THE WARD COUNCILLOR(S)
The Councillor has been apprised regularly on the progress of this proposal and is aware and supportive of the approach taken.
LEGAL/RISK MANAGEMENT IMPLICATIONS
The legal or risk management concerns related to the proposed project can be satisfactorily addressed within the scope of the proposed Maintenance and Liability Agreement with the BIA.
CITY STRATEGIC PLAN
This initiative is consistent with one of the six key priorities of the City’s strategic plan which is to develop a Sustainable, Healthy and Active Community.
TECHNICAL IMPLICATIONS
The BIA will be responsible to provide the City with engineering reports to ensure the structural integrity of the statues including the footings and the impacts of environmental conditions including wind and snow loading on the structures. Requirements for the submission of the technical reports and the ongoing maintenance and issues related to liability and indemnification for the statues will be addressed in the revised Maintenance and Liability Agreement.
FINANCIAL IMPLICATIONS
The costs of the artwork (statues) are the responsibility of the BIA. All other costs associated with the Preston Street Streetscape design including foundation work for the statues and the Piazza are part of the Council approved capital budget for the Preston Street rehabilitation project, IO # 904022 - Preston St. (Spruce to Carling).
The City will forego annual encroachment fee revenues of $250 as well as a one-time processing fee of $650 should Council approve the waiving of these encroachment fees. The By-laws, Permits and Inspections Division of the Planning and Growth Management Department is aware and supports this request.
SUPPORTING DOCUMENTATION
Document 1 Design Perspective of Statues (“Bambini”) and Gateway/Piazza
Document 2 Site Plan
DISPOSITION
Upon approval of the Report’s recommendations, Staff will finalize and execute the required Maintenance and Liability Agreement with the Preston Street BIA, and proceed with the required dedications.
Design
Perspective of Statues (“Bambini”)
and Gateway/Piazza Document 1
Site Plan Document 2
