HomeMy WebLinkAboutCSD-10-051 - Agreement re Retaining Wall - Morgan AvI
I~~c~~R.
Community Servrees
REPORT TO: Mayor and Members of Council
DATE OF MEETING: June 28, 2010
SUBMITTED BY: Steve Ross, Assistant City Solicitor
PREPARED BY: Abbie Grafstein, District Facilitator, ext. 2467
Susan Josic, Resource Centre Coordinator, ext. 2639
Steve Ross, Assistant City Solicitor, ext. 2266
WARD(S) INVOLVED: 2
DATE OF REPORT: June 23, 2010
REPORT NO.: CSD-10-051
SUBJECT: AGREEMENT TO INSTALL STRUCTURE TO RETAINING
WALL ON MORGAN AVENUE
RECOMMENDATION:
"That, subject to obtaining all necessary staff and third party approvals, the Mayor and
Clerk be authorized to execute an Access and License Agreement, satisfactory to the
City Solicitor, with all appropriate parties with respect to the installation and
maintenance of the Morgan Avenue Mural Project on a retaining wall located on the
City's road allowance, Hydro One lands and 191 Morgan Ave., if applicable; and further
That any City-imposed application fees be waived in the circumstances."
BACKGROUND:
The COPS Police/Youth Mentoring Program began in the summer of 1998 in response to youth
issues being experienced in the Centreville-Chicopee Community. The program, conceived by
the zone police officer, the ward councillor and City staff, quickly gained support from police,
fire, ambulance, Centreville-Chicopee Community Association (CCCA) and other community
partners. The focus of the program is to develop relationships between youth and emergency
service providers while developing a stronger sense of community and having a great time.
Mentors from police, fire, and the community participate in educational, recreational and social
activities with the youth. This is an opportunity for 50 youth, ages 10-15 years, to build positive
and trusting relationships with the mentors and to have a sense of pride in their community.
While ambulance services are no longer involved, police, fire and CCCA mentors continue to
embrace and deliver the program.
Due to its success, in recent years both a winter component and a youth leadership component
have been incorporated into the COPS program. In addition, in 2010, COPS participants, their
families, and the broader community have been invited to create a mural for the neighbourhood
which, with Council's approval, will be affixed to the retaining wall on Morgan Avenue.
15-1
REPORT:
In 2010, Waterloo Region Police Service (WRPS) was successful in its application for a
"Proceeds of Crime" grant. The initiative proposed in the grant complements the already
successful COPS program and acts as a pilot project for a graffiti initiative being formulated
region wide. Recognizing a need to address graffiti crime, WRPS is currently spearheading a
graffiti management strategy involving over 50 stakeholders within the Region of Waterloo. One
of the key goals identified in the project funded by the grant, is the creation of a community art
mural on a large retaining wall on Morgan Avenue in the heart of the Centreville-Chicopee
neighbourhood. This location is repeatedly vandalized with graffiti. WRPS research
demonstrates that artistic murals are not vandalized and also provide a form of expression and
representation of the community in which they are placed.
In an earlier consultation with the City's Arts and Culture Coordinator, the retaining wall was
identified as a "wet wall"; anything painted directly on the wall would be short-lived due to
fading, peeling and weathering. In seeking alternatives it was determined that the mural will be
created on canvas by the community, scanned digitally and put onto panels made of an acrylic
material which will then be affixed to the wall with aluminum bolts. The acrylic material is
extremely durable and easy to clean.
The large retaining wall was built by the City of Kitchener at the time of the construction of
Morgan Avenue. The majority of the wall is located on the City's road allowance for Morgan
Avenue. It appears portions of the wall are located on Hydro One lands and 191 Morgan Ave.
Nonetheless, Hydro One has taken the position that the City owns the structure. Council
approval is required to affix the panels to the wall and to clarify who will take future responsibility
in maintaining the mural and insuring the project not only for appearance but community safety
as well. A legal agreement is required to confirm ownership and responsibility for the panels on
the wall. We have attached photos and a map of the location of the retaining wall.
Potential parties to the agreement include
City of Kitchener
o Property owner of the retaining wall on Morgan Avenue;
o Has a representative on the organizing team;
o Centreville-Chicopee Community Centre is providing space for community
consultations and organizing meetings, creation of the art, and promotion of the
project.
Region of Waterloo (Waterloo Region Police Services) is the lead partner for the project
and the organizing team. Through the "Proceeds of Crime Grant Funds they:
o Have engaged an artist to work with the community to develop the mural;
o Will purchase refreshments for participants and supplies to be used in creation of the
art;
o Will purchase the services of a Graphic Design company to scan the art onto panels
and to mount these panels on the wall;
o Will promote events relating to this project.
• Centreville-Chicopee Community Association
o Has a representative on the organizing team for this project;
15-2
o Will promote the project;
o Is a potential funder for future maintenance of the mural panels.
• Hydro One
o Property owner of lands underneath a portion of the wall;
o Has an easement over the City lands the remainder of the wall is located on.
• Owner of 191 Morgan Ave.
o Potentially owns land underneath a portion of the wall.
FINANCIAL IMPLICATIONS:
All funds will be coming from the Waterloo Region Police Services and the Centreville-
Chicopee Community Association.
COMMUNICATIONS:
This project has been discussed with City of Kitchener's Arts and Culture Coordinator, Waterloo
Region Police Services, Centreville-Chicopee Community Association, City of Kitchener Legal
Services, Hydro One and Ward 2 Councillor, Centreville-Chicopee community members, an
artist and a graphic design firm.
Although various City departments have been preliminarily consulted, the other parties have to
create detailed diagrams and renderings for a more formal circulation to various departments
including Transportation Planning, Enforcement, Zoning Division and Operations Division.
CONCLUSION:
Subject to obtaining the necessary City staff and third party approvals, the City will enter into an
Access and License Agreement, satisfactory to the City Solicitor, with all appropriate parties
with respect to the installation and maintenance of the Morgan Avenue Mural Project on the
road allowance within the Hydro One Corridor and between 191 and 215 Morgan Avenue.
ACKNOWLEDGED BY: Pauline Houston, General Manager of Community Services
15-3
~..
,. ~~ ;.
~,
~. ,~ ~ -
~~~a
~<,~
~..;:
~s" ~,
~ ~
.~ ';
~, ~,-~ ~
~-,~ ~ ~~
~~ . 4 ~~
~~~~
~~ ~J
~, i ~ ~ ~ ~
~ ~~,~_ ~ m
.. ,
.«~
~ ~d e
~~'~~~ ~~
...~ ~ ' ``~ x~r '~~
~ ,~ ~~
~~~ ~ ~ .a ~
~~
k
~ ~z ~
s s~ v
~ F' yg
~ ~{
_ ~ ¢ d x'?
x.">
f h
~ x
A
~~
w~s:~
.~^S ti
s
_ ~ j5^
ma
~~ C~`~
d
am
4" k ~»
9q ~5.,
~& ~:'
~ ~ ~ti
3F~ 'y
~` ~
~.~«
~¢ '
~~~
..
'~.
~ ~
. ~
~
`~
+
b
~ ~ ~~
~
~~a
.E
~ ~
~ ~
~
i ~
,
d xaY
~, ~'4.
P
y@~ " ~.
~ ~~~ `~ X '»g
a ~
s° 3.
~ ~ £
1
ir,'~
£ ~ ~~
~
~ ~h t
^
L'~ ~
~ '
T 9
15 -4
,` ,," p
~~
~k
~;
~.;:
~~°:
~~
x ;
~..:' ~~
~~
~_
~3 :,
15-6