1.             colonel by underpass pilot extension

 

prolongation du projet-pilote concernant le passage inférieur colonel-by

 

 

 

Committee Recommendations as amended

 

That Council:

 

1.         Authorize that the City of Ottawa enter into an agreement with the Downtown Rideau Business Improvement Area (DRBIA) to extend the Colonel By Underpass Pilot for an additional year, based on the terms and conditions set out in this report; and

 

2.         Delegate authority to the Deputy City Manager of Infrastructure Services and Community Sustainability to approve and execute the one-year extension agreement, and to approve and execute any future one-year extensions to the program subject to mutual consent.

 

3.         Approve that closed circuit TV security cameras be installed, subject to meeting City privacy and other legislative issues, at the Colonel By Drive/Rideau Street pedestrian underpass.

 

 

Recommandations Modifiées du comité

 

Que le Conseil :

 

1.         Autoriser que la Ville d’Ottawa conclue une entente avec la Zone d’amélioration commerciale du Centre-ville Rideau visant à prolonger le projet-pilote concernant le passage inférieur Colonel-By pour une année supplémentaire, selon les conditions énoncées dans le présent rapport;

 

2.         Délègue à la directrice municipale adjointe de Services d’infrastructure et Viabilité des collectivités le pouvoir d’approuver et de signer l’entente de prolongation d’une année, ainsi que toute autre entente future de prolongation d’une année concernant ce projet, sous réserve d’un consentement mutuel.

 

3.         Approuve les caméras de télévision en circuit fermé soient installées au passage piétonnier inférieur à l’intersection de la promenade Colonel-By et de la rue Rideau, à condition qu’elles remplissent les exigences municipales en ce qui a trait au respect de la vie privée et à d’autres questions d’ordre légal.

 


Documentation

 

1.         City Manager’s report, Infrastructure Services and Community Sustainability dated 04 May 2009 (ACS2009-ICS-CSS-0028).

 

2.         Extract of Draft Minute, 20 May 2009

 

 


Report to/Rapport au :

 

Transportation Committee

Comité des transports

 

and Council / et au Conseil

 

04 May 2009 / le 04 mai  2009

 

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: Lee Ann Snedden, Program Manager/Gestionnaire de programme, Strategic Planning and Project Management/ Planification stratégique et gestion de projet, Community and Sustainability Services/Services de viabilité et des collectivités

613-580-2424, ext. 25779, LeeAnn.Snedden@ottawa.ca

 

Rideau-Vanier (12)

Ref N°: ACS2009-ICS-CSS-0028

 

 

SUBJECT:

COLONEL BY UNDERPASS PIlot extension

 

 

OBJET :

prolongation du projet-pilote concernant le passage inférieur colonel-by

 

REPORT RECOMMENDATIONS

 

That Transportation Committee recommends Council:

 

1.         Authorize that the City of Ottawa enter into an agreement with the Downtown Rideau Business Improvement Area (DRBIA) to extend the Colonel By Underpass Pilot for an additional year, based on the terms and conditions set out in this report; and

 

2.         Delegate authority to the Deputy City Manager of Infrastructure Services and Community Sustainability to approve and execute the one-year extension agreement, and to approve and execute any future one-year extensions to the program subject to mutual consent.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité des transports recommande au Conseil :

 

1.         d’autoriser que la Ville d’Ottawa conclue une entente avec la Zone d’amélioration commerciale du Centre-ville Rideau visant à prolonger le projet-pilote concernant le passage inférieur Colonel-By pour une année supplémentaire, selon les conditions énoncées dans le présent rapport;

 

2.         de déléguer à la directrice municipale adjointe de Services d’infrastructure et Viabilité des collectivités le pouvoir d’approuver et de signer l’entente de prolongation d’une année, ainsi que toute autre entente future de prolongation d’une année concernant ce projet, sous réserve d’un consentement mutuel.

 

 

BACKGROUND

 

In 2006, a homeless person was stabbed and killed under the Colonel By Drive/Rideau Street pedestrian underpass (‘The Underpass’).  As a result, the Downtown Rideau Business Improvement Area (DRBIA) and Councillor Georges Bédard began to look into mitigation measures that would reduce criminal activity and create a safer environment in this area.  The Underpass has been a gathering place for the homeless, as well as a location well known to police for criminal activity.  However, it is also a place that provides a significant pedestrian right-of-way in the downtown core.  In November 2007, Council approved a report authored by Councillor Bédard to improve the safety measures in The Underpass, including the installation of a fence and additional lighting.

 

On 15 May 2008, the Community and Protective Services Committee endorsed a one-year pilot project that would permit the DRBIA to manage a program of activities such as performing arts and live music in The Underpass.  The report was part of an overall Homelessness Task Force initiative that was looking at ways to improve the homeless situation in Ottawa ACS2008-CPS-BYL-0020.  Council approved the pilot project and programming commenced shortly thereafter.

 

The primary objective of the pilot was, and continues to be, to improve the safety and perception of the area through the introduction of managed programming and vending activities. The secondary objective of the program is to provide opportunities for Ottawa’s marginalized citizens to obtain vending access to the site. Consequently, The Underpass program provides a forum for local professional and emerging artists to perform, exhibit and animate a high profile area while simultaneously improving its safety and image.

 

DISCUSSION

 
Results of Pilot Program

 

Successes

The one-year pilot project has proven to be successful in meeting its objectives. Although the DRBIA does not have separate statistics on The Underpass itself, it is considered to be a prime location within the DRBIA and an important area in impacting and contributing to overall safety.  In 2008, according to the DRBIA, overall safety statistics improved dramatically. For example, panhandling decreased by 1,163 per cent, drug offences decreased by 615 per cent, alcohol offences by 255 per cent and loitering by 196 per cent.  As a result of this, the public perception of The Underpass has improved and the DRBIA has received encouraging comments from vendors, performers, partners, the public and the media. In fact, many vendors received a great deal of positive feedback from the public who felt that animating the space with programming and vending has provided for a safer and more welcoming environment.

 

Beyond safety improvements and improved perception, The Underpass also exceeded programming and vending expectations with a seasonal average participation of over 20 artists/artisans, 240 vending bookings, 80 performance bookings and 5,607 audience members and customers and 1,920 hours of combined activity of vending and performance (see Document 1 for photographs). The Arts Court Foundation was directly involved in assisting the DRBIA with its programming logistics and evaluation. For the one-year pilot extension, the Foundation will continue to work with DRBIA; however, it will be in the capacity of an advisory role.

 

The Underpass has also seen various site improvements such as the addition of three permanent public art installations, which include angel statues, a fence and mural, and a wall exhibit (see Document 2 for photographs of these enhancements).  The area has also undergone improvements in infrastructure and landscaping as well as the addition of ambiance elements such as additional lighting and sound systems, increased security and managerial resources. The DRBIA has invested over $110,800 in the improvement and programming of the site.  In addition, the City has also contributed approximately $33,480 to support site improvements, which include fencing, concrete work and sidewalk flushing. This figure does not include staff time dedicated to the implementation of these enhancements.

 

Areas of Improvement

Despite the overall success of the pilot program, there remain areas of improvement if the program is to succeed for a second and subsequent years. The following have been identified as areas requiring improvement by the DRBIA:

 

·        Exclusivity: The DRBIA has requested exclusive programming and vending rights of the site to ensure that its assets are not damaged and that its maintenance costs are not increased due to other conflicting public programming.

 

·        Illicit/Illegal Activity: Unfortunately undesirable activity taking place at The Underpass has not been entirely eliminated. The presence of individuals doing drugs or drinking has, at times, discouraged potential vendors. The DRBIA requests that Police Services and By-law monitor the area, especially mornings and evenings when the DRBIA’s Downtown Patrol is less frequent.

 

·        More Frequent Cleaning and Maintenance of the Grounds: The DRBIA has expressed concern with cleanliness of The Underpass. Specifically, it would like increased pressure washing and litter pick-up of the site as well as weeding and the addition of flowers.

 

·        Improved Lighting: The DRBIA has expressed that there have been difficulties with lighting in The Underpass, making it hard to see the vending items for sale as well to present movie screenings as one of its programming activities.

 

·        Weekend Availability: Programming during the pilot program did not extend to the weekends. The DRBIA is requesting that they be permitted to program during Saturday and Sunday in order to capitalize on weekend tourism traffic.

 

·        Requirement of Increased Visual Enhancements and On-Site Public Art:  In order to sustain the improved image of the site the DRBIA would like to have continued support for installation of visual enhancements and public art.

 

·        Loading/Drop-Off Location: During last year’s pilot, vendors and performs had difficulty unloading their equipment because of a lack of designated space to do so. The loading of wares for sale and other related equipment should be convenient for the vendors in order to continue to make the site attractive.

 

·        Approval of Signage: The DRIBIA is requesting that the City work with the DRBIA to approve the installation of more visible signage to identify The Underpass.

 

·        Addition of a Refreshment Vendor: The DRBIA is requesting that the City approve a seasonal refreshment vendor permit for the sale of beverages and picnic-style food by a non-profit organization selected by the DRBIA.

 

·        Reduced Parking Rates: The DRBIA is requesting that the City offer free parking to the DRBIA Underpass performers and vendors as support for participation in the project.

 

Solutions to these areas of improvement will be discussed and addressed in the section to follow.

 
Pilot Program Extension

 

As a result of the success of the pilot program, the DRBIA would like to extend the pilot program one more year. City staff support the extension and recommend that should the extension be successful, staff be given the delegated authority to approve and execute any future one-year extensions. It should be noted that the request for a permanent program is not being made because the National Capital Commission (NCC) and Public Works and Government Services Canada (PWGSC) plan to redevelop the area in the future.

 

As part of the one-year pilot program extension, the DRBIA is hoping to increase the number of performers and vendors as well as to extend the vending/performing hours to weekends. This is an effort to further decrease loitering in the area and respond to vendor and performer requests for weekend access.  In order to achieve this, staff are providing the following solutions to address the areas of improvement identified above:

 

·        Exclusivity: The City will agree to allow the DRBIA exclusive rights to programming and vending of The Underpass.

 

·        Illicit/Illegal Activity: To address illegal activity at The Underpass, the DRBIA has hired a private security company to be responsible for monitoring the area using both bicycle and foot patrols. Police Services attends the monthly DRBIA “Safety and Security” Committee meetings and ensures regular patrolling on Rideau, the Market and Vanier.  No further resources have been identified.

 

·        More Frequent Cleaning and Maintenance of the Grounds: The DRBIA and the City will be jointly responsible for the cleanliness and maintenance of The Underpass. Although the DRBIA has requested the City to add flowers, staff has indicated this enhanced service will be the responsibility of the DRBIA, as this is standard practice with all Business Improvement Areas. The City will be responsible for increased pressure cleaning and litter collection.  As per the 5 September 2007 motion and the 17 September 2007 staff response, maintenance services to improve the cleanliness of this area will be incorporated into The Underpass pilot extension agreement as well as to the existing Maintenance Agreement with the DRBIA. Cost for increase cleaning will be approximately $6,000 per summer season to be funded through the Public Works operating budget. It should be noted that for the past couple of months, the DRBIA has been pleased with the cleanliness of The Underpass area and has had no issue with litter, debris, leaves and sidewalk cleanliness. The DRBIA has indicated their interest in offering winter programming; the City standard includes snow clearing on sidewalk areas only, which may limit available space for winter activities.

 

·        Improved Lighting: Based on an evening site inspection, it was determined that in order to reduce costs and safety risks, screens will be installed by the DRBIA between lights and extended perpendicularly from the wall in order to re-direct light. This will ensure participants can see movie screenings more clearly. In order to increase the light levels during the day, it is recommended that the light sensor be relocated from above The Underpass to below, in order to trigger the lights on the more dull, gray days.  The one-time cost to the City for relocation of the light sensor is approximately $3,000 and will be funded through the Economic Development budget. Ongoing operating costs for increase hydro and lamp replacement will be $700 per year and covered through the Public Works capital and operating budget. If any further lighting is required, the DRBIA will fund and require approval from the City prior to any installations.

 

·        Weekend Availability: By-Law Services has been consulted and has no issue with programming hours being extended to the weekend.

 

·        Requirement of Increased Visual Enhancements and On-Site Public Art:  The City will continue to support requests for the installation of public art and ambiance elements. It should be noted however, that the installation of the artwork on the south fence and the storage of other equipment behind the fence will not obstruct the lighting needed on the pedestrian walkway in The Underpass. The City and the NCC will also continue to identify any grant opportunities for the DRBIA to help offset costs associated with programming in The Underpass.

 

·        Loading/Drop-Off Location: For the pilot extension, City staff are working with Public Works and Government Services Canada to obtain permission to use space at the Conference Centre for performers and vendors to load and drop-off equipment.

 

·        Approval of Signage: City staff will work with the DRBIA to approve signage identifying The Underpass. Signage will not be permitted to be bolted, painted or etched to the structure. The City will cover the one-time installation cost of $1,700 through the Economic Development operating budget while the DRBIA will pay for the sign itself.

 

·        Addition of a Refreshment Vendor: Provided that drinks and food will be sold on behalf of a non-profit organization or charity, the DRBIA is exempt from requiring a seasonal vendor’s permit.

 

·        Reduced Parking Rates: Parking funds of approximately $300 are available for vendors and performers for the 2009 one-year extension. This one-time funding will come from the Economic Development operating budget.  Parking funds for any subsequent renewals of the program may be found by applying to the Parking Management Strategy grant program, which the DRBIA is eligible for.

 

Terms of the Agreement

 

Legal Services, in consultation with staff, is currently working on an agreement between the City and DRBIA and will cover programs that take place on City lands at The Underpass for a one- year extension from April 1, 2009 – March 31, 2010. For lands in The Underpass area that are the property of the NCC, the DRBIA is required to obtain a seasonal permit independent of the City agreement.

 

The DRBIA will be solely responsible for managing and programming all activities taking place at The Underpass.

 

The agreement also waives provisions in the City’s Encroachment By-law by allowing permanent surface encroachments as well as encroachment fees.

 

Lastly, it is important to note that the agreement recognizes that The Underpass is primarily a pedestrian right-of-way and that pedestrian use should remain available at all times, regardless of programming taking place.

 

CONSULTATION

 

Consultation has taken place with the DRBIA and the NCC.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management impediments to implementing the Recommendations arising from this Report.

 


FINANCIAL IMPLICATIONS

 

Total estimated one-time costs are $5,000 with total estimated annual operating costs of $6,700. All the funds are available within existing budgets.  Specific costs being covered by the City of Ottawa are as follows:

 

·         Costs for the provision of parking at City Hall to vendors and performers are approximately $300 per year; funds are available within the Economic Development’s 2009 operating budget.

·         Estimated one-time costs for the installation of signage is $1,700 and is available within Economic Development’s operating budget.

·         Costs for increased pressure cleaning are approximately $6,000 per summer season, funds are available within Public Works operating budget.

·         Costs for relocation of Light Sensors $3,000, funds are available through the Economic Development budget

·         Additional Annual Hydro costs of $700 will be covered by Public Works budget

 

The costs required to deliver on these requests are seen as extremely valuable in cleaning up an integral link connecting the downtown hotel/Parliament Hill/Sparks Street district with the Rideau/Byward Market areas; a vital area for tourism and day-to-day business.

 

 

SUPPORTING DOCUMENTATION

 

Document 1      Photographs Highlighting Vending and Performing

Document 2      Public Art Installations

 

 

DISPOSITION

 

Subject to approval of this report, Infrastructure Services and Community Sustainability staff will continue to work with Legal Services staff to finalize the one-year extension agreement with the DRBIA and any subsequent years of extension based on mutual consent.


PHOTOGRAPHS HIGHLIGHTING VENDING AND PERFORMING           DOCUMENT 1

 

Vending at The Underpass

  

 

Performing at The Underpass

   

 

 
 PUBLIC ART INSTALLATIONS                                                                    DOCUMENT 2

 

Angel Statues: Faith, Hope & Charity

 

Fence and Mural

 

Wall Exhibit


Colonel By Underpass PILOT EXTENSION

            prolongation du projet-pilote concernant le passage inférieur colonel-by

ACS2009-ICS-CSS-0028                                                                        Rideau-Vanier (12)

 

Lee Ann Snedden, Program Manager, Strategic Planning and Project Management and Peggy DuCharme, President, Downtown Rideau BIA (DRBIA) gave a detailed slide presentation of the item.  John Manconi, General Manager, Public Works, Gregory Dack, Program Manager, Corporate Security and James Elves, Ottawa Police were available to answer questions.  A copy of their presentation is held on file.  The key points of the presentation were as follows:

 

·        The objectives of the Underpass Program are to improve the safety of the area and to provide opportunity for marginalized citizens to gain access to the site

·        The program provides a forum for professional and emerging artists to perform, exhibit and animate a high profile area while improving the safety and image

·        The DRBIA has invested over $110,800 to improve the site; the City has invested $33,480 to support the site improvements

·        Based on the success of the pilot, the DRBIA is requesting a one-year extension for the 2009 summer season, with programming to be extended to weekends; the proposed extension also includes a number of enhancements, i.e., cleaning and maintenance, improved lighting, installation of signage and reduced parking rates for vendors and performers

 

Ms. DuCharme presented Committee with a Certificate of Recognition awarded to Ottawa City Council in recognition of Community Partner contributions supporting the vision of an arts appreciative community for Ottawa’s retail, arts and theatre district that attracts people to live, work, shop and visit Downtown Rideau.  The certificate was left with the Coordinator for a future presentation at Council.

 

The Chair commended Councillor Bédard for his leadership on the item and in working with the City’s partners on this.  She stated that the pilot is a good blueprint for how other large urban centres can deal with problems in a proactive way.

 

Councillor Bédard indicated his intention to put forward a Motion which would seek to have closed circuit security cameras (CCTV) installed at this underpass to monitor and provide additional supervision.  Mr. Elves indicated that there is a requirement for police presence in the area after dark and supported the proposal to install cameras as they would help with monitoring when Police Officers are not there.  Mr. Dack added that the Privacy Commissioner’s guidelines require the completion of a privacy impact assessment and public consultation.  These requirements would be met prior to implementation.  He indicated that Corporate Security supports this idea and would take the direction of the Motion to begin the process of installing the cameras as a pilot project.

 

Questions arose on how to clarify the Motion to ensure privacy legislation was addressed and the General Manager of Public Works, John Manconi, proposed it include the phrase:  subject to meeting City privacy and other legislative issues”.  Councillor Bédard was accepting of this proposed amendment.

 

Councillor Legendre hoped signage would be installed to advise of the presence of cameras and Mr. Dack confirmed that this is a requirement under City policy as well as the Municipal Freedom of Information and Privacy and Protection Act (MFIPPA).  The councillor further asked if the privacy impact assessment can be done once so it can be used for other locations or, would it have to done on a case-by-case basis.  Susan Jones, General Manager, Emergency and Protective Services advised that the guidelines released by the Privacy Commissioner details the use of public cameras and as long as the City complies with those guidelines, the impact will be minimal.  She believed the cameras could therefore be implemented quickly.

 

Councillor Wilkinson commented on the effectiveness of security cameras installed on the pedestrian overpass at Castlefrank and the 417.  She indicated that there is a loud-speaker installed with the camera so the operators can speak directly to the people in the area and she thought this element would be a benefit at the Underpass as well.  Councillor Legendre followed on this suggestion by inquiring of the costs associated with such an upgrade and whether it would require resources to listen to an individual.  Mr. Dack explained that the City setup is different from the traditional closed circuit  TV system in that the cameras would be tied to an alarm condition so they are only monitored when there is a reason to do so.  He added that the Security Operation Centre has the capacity with the operators to monitor limited additional systems, so there would be no additional cost.  He clarified that the CCTV system would be tied to a voice because passive systems with no immediate response are non-effective.

 

Moved by G. Bédard

 

WHEREAS the Colonel By Drive/Rideau Street pedestrian underpass (The Underpass) is a significant pedestrian right-of-way in the downtown core connecting the downtown Parliament Hill/Sparks Street district with the Rideau/Byward Market areas vital to tourism and day-to-day business and its security must be enhanced;

 

AND WHEREAS the City and Downtown Rideau Business Improvement Area (DRBIA) initiated one-year pilot program, which manages a program of activities within The Underpass to animate the area and provide a forum for local and emerging artists, has significantly increased safety and reduced criminal activity in the area, undesirable activity taking place at The Underpass has not decreased in its entirety;

 

AND WHEREAS the presence of individuals doing drugs or drinking has, at times, discouraged potential vendors and performers to use The Underpass venue;

 

AND WHEREAS The Underpass music system, installed to curb loitering and improve the general atmosphere of The Underpass, has been vandalized 4 times in the past one and a half months, 8 times since its installment in the fall of 2008, and its repair is incurring great costs to the DRBIA;

 

AND WHEREAS The Underpass has seen various site improvements such as the addition of three permanent public art installations, improvements to infrastructure, and landscaping that are subject to vandalism;

 

AND WHEREAS funding has been secured through the City of Ottawa Corporate Security;

 

THEREFORE BE IT RESOLVED THAT CCTV security cameras are installed, subject to meeting City privacy and other legislative issues, at the Colonel By Drive/Rideau Street pedestrian underpass.

 

                                                                                                CARRIED

 

That Transportation Committee recommends Council:

 

1.                  Authorize that the City of Ottawa enter into an agreement with the Downtown Rideau Business Improvement Area (DRBIA) to extend the Colonel By Underpass Pilot for an additional year, based on the terms and conditions set out in this report; and

 

2.         Delegate authority to the Deputy City Manager of Infrastructure Services and Community Sustainability to approve and execute the one-year extension agreement, and to approve and execute any future one-year extensions to the program subject to mutual consent.

 

3.         That Closed Circuit TV security cameras are installed subject to meet City privacy and other legislative issues at the Colonel By Drive/Rideau Street pedestrian underpass.

 

                                                                                                CARRIED, as amended