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HomeMy WebLinkAboutCouncil - 2011-01-24COUNCIL MINUTES JANUARY 24, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor B. loannidis, the minutes of the regular meeting held January 10, 2011 and special meetings held January 10 & 17, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr presented Ms. C. Ladd, Chief Administrative Officer, with a commemorative pin in recognition of her 25 years of service with the City of Kitchener and congratulated her on past accomplishments, including creation of the Economic Development Investment Fund (EDIF) and completion of the first comprehensive Strategic Plan, inclusive of a People Plan, for the Corporation. Mr. Jeff Stager, Immediate Past President, Waterloo Federation of Agriculture, presented information arising from a 2006 Census Bulletin on agriculture, highlighting statistical data designed to recognize the importance of the food system in creating healthy communities and to assist the broader community to better understand the nature and economic significance in terms of dollars and jobs of the local agricultural economy and food system. Mr. Stager suggested that consideration should be given to funding the agricultural industry to forward environmental initiatives that will assist in achieving a return to environmentally friendly farming. A magazine entitled "The Real Dirt on Farming", published by the Ontario Farm Animal Council, was circulated this date and Mr. Stager extended an invitation to those present to attend the International Plowing Match & Rural Expo to be held in Roseville, Ontario, on September 18-22, 2012. Mr. James Huxted, resident, attended in regard to Clauses 6 and 7 of the Community and Infrastructure Services Committee report, dealing with awarding of Tender T10-094 for the Homer Watson Pumping Station Upgrade project and extension of the purchase order for consulting services associated with the upgrades and an emergency storage unit. Mr. Huxted raised concerns regarding the environmental impact of the planned construction on the floodplain, questioning how the City can justify proceeding without completion of an Environmental Assessment. He commented that there are no cost estimates for any alternative locations to compare to the preferred location and while an emergency storage unit is desirable, he questioned if it must be constructed in the specified location. He suggested that more time is needed to consider these matters; however, in the event the project is approved, he asked that his daughter's request for an emergency evacuation route to and from her property during construction be granted. Councillor Y. Fernandes asked the delegation what alternative locations he would consider to be viable. Mr. Huxted questioned the appropriateness of the size of the emergency storage unit, suggesting that it not be built initially to the proposed capacity but rather be adjusted in size to allow realignment in front or to the opposite side of the pumping station; or alternatively, be relocated across Homer Watson Boulevard. Councillor J. Gazzola questioned what impact the storage unit has to the floodplain if buried underground. Mr. Huxted commented that to his limited knowledge it would have no immediate impact; however, he raised concerns of long term erosion to the creek banks from increased flows, as well as, the impact of a sudden surge of water during high water periods. Mr. J. Willmer, Deputy CAO, Community Services, advised that the Huxteds have previously appeared before Committee and Council and all of the questions raised this date have already been answered by staff. In regard to the requested emergency evacuation, he stated that the proposed construction will in no way hamper egress /ingress from Ms. Huxted's property. He added that on review of the request it was determined not to be in the City's best interest to provide emergency routing through the pumping station lands. He pointed out that the City gates and locks access to the pumping station for reasons of security and it would be inappropriate to expect staff in times of emergency response to remember to unlock the gate for private passage. He pointed out that in the event of flooding persons can still drive away from the property if known in time; or alternatively, they can walk from the property to higher ground. Councillor Y. Fernandes requested clarification of the delegation's concerns regarding the lack of an Environmental Assessment and alternative locations. Mr. J. Willmer advised that an analysis was completed of alternative locations which were found not to be feasible; and while reducing dimensions and / or adjusting the depth of the storage unit may be possible, doing so will increase costing and comes with associated risks in accommodating the same volumes. He added that there is no question constructing an emergency storage unit within a floodplain deserves close scrutiny and COUNCIL MINUTES JANUARY 24, 2011 - 16 - CITY OF KITCHENER the City is proceeding on the advice of the Grand River Conservation Authority who has given their approval to proceed with the project. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Clause 6 of the Community & Infrastructure Services Committee report of this date be adopted." Carried. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Clause 7 of the Community & Infrastructure Services Committee report of this date be adopted." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mayor C. Zehr advised that Finance and Corporate Services Department report FCS-11-013 (Q10- 076 -Two G.V.W. Standard Vans), listed as Item B.1 i) on the Committee of the Whole agenda, is being withdrawn to allow staff to further consider the specifications associated with the Quotation. Moved by Councillor K. Galloway Seconded by Councillor Z. Janecki "That Tender T10-136, Gas and Water Infrastructure Locating, be awarded to 1010360 Ontario Inc., o/a G-Tel Engineering, London, Ontario, at their reduced tendered price of $247,787., plus H.S.T. of $32,213., for a total of $280,000. for one year, with an option to renew for two (2) additional twelve (12) month terms." Carried. Several members of Council raised concerns with Proposal P10-069 (Electronic Key Management System) relative to the Consolidated Maintenance Facility (CMF), listed as Item B.1 ii) on the Committee of the Whole agenda. The necessity of the proposed system was questioned and what savings is expected to be achieved if approved. Ms. P. Houston advised that the proposed improvement to key management is part of an overall review of current processes moving to the CMF and through the electronic system, the City will be able to facilitate greater access to, and sharing of, equipment. Better control will provide ease of access to keys and reduce replacement costs resulting from loss of keys. Ms. Houston stated that it is difficult to quantify savings as savings is factored into the overall efficiencies gained through review and improvement to all existing processes. Councillor B. Vrbanovic suggested that while initially it may appear excessive, the move to the CMF will require more effort as the management of equipment and keys will become more complex with the number of vehicles and staff now to be housed together under one roof. He suggested that having a sense of what the City spends now on key management may help in justifying the proposed electronic system and questioned the impact of deferring consideration of the Proposal to the special Council meeting of February 7, 2011. Ms. Ladd reiterated that this stems from direction given to create efficiencies with the move to the CMF and while this is a simple matter in the larger context, it will allow better security for the City's fleet. She added that it is also important to have the ability to track equipment usage in that, the data collected can be used in managing work flows. Mayor C. Zehr expressed the opinion that it would not be prudent to the City's initial investment in the new facility to discount systems meant to achieve efficiencies and encouraged Council to consider this matter in the larger context. A motion by Councillor B. Vrbanovic, seconded by Councillor P. Singh, was brought forward to defer consideration of Proposal P10-069 (Electronic Key Management System) to the February 7, 2011 COUNCIL MINUTES JANUARY 24, 2011 - 17 - CITY OF KITCHENER special Council meeting, pending additional information from staff pertaining to operational efficiencies to be gained. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "That Proposal P10-069, Electronic Key Management System, as outlined in Finance and Corporate Services Deaprtment report FCS-10-016, be deferred to the February 7, 2011 special Council meeting for further consideration, pending additional information from staff pertaining to operational efficiencies to be gained." Carried. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee be adopted." Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic Carried. "That Clause 9 of the Community & Infrastructure Services Committee report of this date be adopted." Carried. Pecuniary Interest and Abstention Councillor P. Singh as he is the owner of a rental property. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the balance of the Community & Infrastructure Services Committee report, excluding Clause 9, be adopted." Voted on Clause by Clause Clauses 6 & 7 -Dealt with under Delegations and Carried. Balance of report, excluding Clause 9 -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Councillor J. Gazzola requested that sub-clause e) of Clause 3 of the report be dealt with separately. Voted on Clause by Clause Clause 3 e) -Motion Lost. Balance of report -Carried. Moved by Councillor Z. Janecki Seconded by Councillor F. Etherington "That the report of Heritage Kitchener be adopted." Carried. COUNCIL MINUTES JANUARY 24, 2011 -18- CITY OF KITCHENER Mayor C. Zehr advised that Regional Council recently passed a resolution requesting additional information and provision of options relative to the Light Rail Transit (LRT) proposal. An information report is to be tabled on January 25, 2011 with the Regional Planning & Works Committee (RPWC). The report is to provide an overview of the process to date, as well as a timeframe for moving forward which includes further public consultations. Mayor Zehr advised that Kitchener Council will have opportunity to comment on this issue during the period of public consultations to be held in the months of February /March. He added that he has concerns the timeframe may be too tight and has conveyed same to the RPWC, together with a request to consider either specific timing for each area Council to have a presentation or for a presentation to be made at an All Councils meeting. Councillor Z. Janecki referred to a matter dealt with by the previous Council concerning the potential sale of certain park land and / or green space. He stated that it was his understanding that following the decision not to declare the lands identified as surplus to the City's needs, that all were to be rezoned to reflect an open space use and questioned if this has been done. Mr. J. Willmer advised that staff had been directed to undertake any necessary rezoning where required; however, all lands already have such designation applied, save and except lands at Lancaster Street /General Drive. He noted that Council took a different approach with that particular parcel of land because of its potential to be developed as part of a mixed use node. Councillor Janecki inquired as to the status of lands adjacent to Lakeside Park. Mr. Willmer advised that this particular parcel was a separate issue and relates to privately owned lands currently zoned residential. The City is of the opinion the parcel is not developable due to its topographical nature; however, the property owner remains opposed to a change in zoning and should the City attempt to down zone the parcel, it may be subject to a law suit. Councillor Y. Fernandes requested a listing of City-owned surplus lands currently in inventory. Ms. C. Ladd advised that many are tiny pieces of land, primarily left over from road widenings, which are identified only by a Reference Plan number that would have no meaning to Council. She stated that time needs to be taken to appropriately categorize these lands so the listing will be comprehensive to Council, and which may include: parcels large enough for potential development; parcels with some development constraints; parcels that may appropriately be offered to adjacent property owners; and, parcels so miniscule in size they are not worth following up on due to the costs associated in undertaking the necessary legal administration. Council agreed to the request of Mr. R. Gosse, Director of Legislated Services & City Clerk, to add one additional by-law for three readings this date, being a by-law to extend Interim Control By-law No. 2010-032, relative to Clause 5 of the Community & Infrastructure Services Committee report. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) Being a by-law to amend By-law Number 2010-101 of The Corporation of the City of Kitchener being a by-law to amend Chapter 450 of The City of Kitchener Municipal Code with respect to Noise. (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (h) To confirm all actions and proceedings of the Council. COUNCIL MINUTES JANUARY 24, 2011 - 19 - CITY OF KITCHENER (i) Being an Interim Control By-law respecting studies in the Southwest Urban Area of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. loannidis as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. loannidis Seconded by Councillor D. Glenn-Graham "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2011-007) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2011-008) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2011-009) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2011-010) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2011-011) (f) Being a by-law to amend By-law Number 2010-191 of The Corporation of the City of Kitchener being a by-law to amend Chapter 450 of The City of Kitchener Municipal Code with respect to Noise. (By-law No. 2011-012) (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2011-013) JANUARY 24, 2011 COUNCIL MINUTES -20- CITY OF KITCHENER (h) To confirm all actions and proceedings of the Council. (By-law No. 2011-014) (i) Being an Interim Control By-law respecting studies in the Southwest Urban Area of Kitchener. (By-law No. 2011-015) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:35 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 24, 2011 - 21 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - 1. That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council's consideration on February 14, 2011, based on the proposed draft by-law attached to Finance and Corporate Services Department report FCS-11-010. 2. That requests for the sale of food and/or merchandise on Civic Square or in the Rotunda during various events being conducted from February 1, 2011 to April 30, 2011 be approved, provided the necessary licenses are obtained, including Health and Fire approval. 3. That the application fora 2011 Place of Refreshment Class `A' Licence, submitted by Lucky's Wings, 320 King Street West, be referred to a Licensing Hearing; and further, That a temporary license be issued to Lucky's Wings for the period ending June 30, 2011 pending the outcome of the Licensing Hearing. COMMUNITY & INFRASTRUCTURE SERVICES COMMITTEE - 1. That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) fora 3-year term ending December 31, 2013, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley and Township of Woolwich: Mike Begin City of Kitchener Reappointment Saul Herzog City of Waterloo Reappointment David Kuhn City of Kitchener New Katherine Nessner City of Kitchener New Ken Parker City of Kitchener Reappointment Amy Ross City of Waterloo Reappointment Paula Saunders City of Kitchener Reappointment Carrie Speers City of Kitchener New 2. That Demolition Control Application DC10/12/B/GS requesting permission to demolish one (1) single detached dwelling located at 278 Breithaupt Street, owned by Lisa and John O'Brien, be approved without conditions. 3. That Demolition Control Application DC10/14/N/GS requesting permission to demolish one (1) single detached dwelling located at 730 New Dundee Road, owned by Vladimir Sestan, be approved without conditions. 4. That the Ministry of Transportation of Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the Highway 7/8 (Courtland Avenue to 1 km west of Fischer Hallman Road) reconstruction and widening project in the City of Kitchener, between the hours of 7:00 p.m. and 7:00 a. m. for the period March 7, 2011 to December 31, 2013. 5. That a by-law to extend Interim Control By-law 2010-032 be approved in the form shown in the "Proposed By-law" dated December 24, 2010, attached to report CSD- 01- 001. 6. That tender T10-094, Homer Watson Pumping Station Upgrade, be awarded to H.I.R.A. Limited, St. Thomas, Ontario at their tendered price of $7,362,000 plus H.S.T. of $957,060, for a total of $8,319,060; and further, COUNCIL MINUTES JANUARY 24, 2011 - 22 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY & INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) That $4,525,000 be allocated from the Development Charges Reserve and Sanitary Sewer Utility to the Homer Watson Pumping Station Upgrade project account based on the 70/30 split established in the Development Charge Background studies. (Dealt with under Delegations and Carried) 7. That the extension of the purchase order for consulting services to Associated Engineering, related to upgrades and emergency storage at the Homer Watson Pumping Station, be approved in the additional amount of $121,904.22 plus applicable taxes, of which 70% is to be paid from the Development Charges Reserve and 30% from the Sanitary Sewer Utility. (Dealt with under Delegations and Carried) 8. That the Mayor and Clerk be authorized to execute an amendment to the Animal and Dog Control and Pound Services Agreement and the Spaying and Neutering Program Agreement, with the Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society, dated January 1, 2007, to extend the term for an additional 1 year until December 31, 2011, with the terms set out in report no. CSD-11-006. 9. That a by-law be enacted to amend Chapter 640 (Adequate Heat) of the City of Kitchener Municipal Code to authorize staff to undertake any work required to comply with the provisions of Chapter 640 (Adequate Heat) when the owner fails to undertake the required work as directed and to update the provisions of the By-law relating to powers of entry. PLANNING & STRATEGIC INITIATIVES COMMITTEE - 1. That the 2010 Local Environmental Action Fund (LEAF) grant application from the YMCA not be approved; and, That the 2010 LEAF grant application from Community Renewable Energy Waterloo (CREW) be amended by the applicant and referred to the 2011 intake; and, That the issues that have emerged regarding the evaluation of applications to LEAF and grant administration in the first two (2) years (2009 and 2010) be addressed as described in Community Services Department report CSD-11-004; and, That loans from LEAF not be considered; and further, That the City not change the fund's operating framework to market LEAF to actively pursue donations from other sources. 2. That the following recommendation contained in Chief Administrator's Office report CAO-11- 001 (Long-Term Parking Strategy for Downtown Kitchener, dated January 17, 2011), be approved in principle, subject to final deliberation of the 2011 operating and capital budgets at the March 1, 2011 special Finance & Corporate Services Committee meeting: "That the Long-Term Parking Strategy, as attached to Chief Administrator's Office report CAO-11-001, be approved; and, That staff be directed to act on the recommendations of the Long-Term Parking Strategy contained in Section 6; and further, That the goals of the Long-Term Parking Strategy, contained in Section 7, be considered, where appropriate, during the review of the City's Transportation Master Plan." COUNCIL MINUTES JANUARY 24, 2011 - 23 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & STRATEGIC INITIATIVES COMMITTEE - (CONT'D) 3. That the following recommendation contained in Infrastructure Services Department report INS-11-005 (Parking Organizational Review - Parking Enterprise Business Case, dated January 5, 2011), be approved in principle, subject to final deliberation of the 2011 operating and capital budgets at the March 1, 2011 special Finance & Corporate Services Committee meeting: "That a Parking Enterprise be approved in principle as outlined in the business case attached to Infrastructure Services Department report INS-11-005, subject to final 2011 budget approval; and, That monthly parking rate increases of 10% annually between 2011 and 2014 inclusive be incorporated into the annual budget; and, That a net tax levy increase of 0.51 % in 2011 be referred to the 2011 budget review; and, That the following key principles of a Parking Enterprise be adopted: a) That all assets and liabilities associated with the expansion, maintenance, operation, ownership and potential sale of the City's parking facilities become those of the Parking Enterprise; and, b) That an opening surplus of $1,070,000. in 2011 be funded from the City's Capital Budget in order to complete scheduled structural repairs in the Duke & Ontario Garage; and, c) That an annual dividend in the amount of $1,750,000., plus annual inflationary increases, be paid to the City from the Parking Enterprise; and, d) That the Parking Enterprise annually retain all surplus funds in the appropriate reserve accounts in order to fund all future operating, capital improvement and expansion costs related to the municipal parking operation; and further, e) That annual funding for the implementation of the Cycling Master Plan in the amount of $200,000. and Transportation Demand Management initiatives in the amount of $200,000., as may be approved, be funded from the Parking Enterprise." (Carried, as Amended) HERITAGE KITCHENER- 1. That the Heritage Permit Application Submission Requirements and Application Form attached as Appendix `A' to Community Services Department report CSD-11-003, be approved for use in the processing of Heritage Permit Applications made under the Ontario Heritage Act; and further, That the "Parks Canada Standards and Guidelines for the Conservation of Historic Places in Canada," be adopted and applied in the review and consideration of Heritage Permit Applications. COUNCIL MINUTES JANUARY 24, 2011 - 24 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. FCS-11-020 - WREPNet - Renewal of Fibre Optic Cable Facilities Lease Agreement /Consent to Waiver Council considered Finance & Corporate Services Department report FCS-11-020 (L. MacDonald), dated January 18, 2011. It was resolved: "That the Mayor and Clerk be authorized to execute the second renewal agreement pertaining to the Fibre Optic Cable Facilities Lease Agreement with Atria Networks LP, Waterloo Region District School Board, Waterloo Catholic District School Board, The Corporation of the City of Waterloo, The Corporation of the City of Cambridge, Kitchener Public Library Board, Cambridge Public Library Board, Waterloo Public Library Board, The Regional Municipality of Waterloo, Conestoga Institute of Technology and Advanced Learning, Grand River Hospital, Women's Crisis Services of Waterloo Region and Family and Children's Services of the Waterloo Region incorporated as the Children's Aid Society of the Regional Municipality of Waterloo, for the continued provision of Fibre Optic Cable Facilities as part of WREPNet; said agreement to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute a Consent and Waiver on behalf of the City of Kitchener, as one of the participants in WREPNet, with respect to the acquisition by Rogers Communication Inc., and/or an affiliate of Rogers of the equity in Atria Network LP; said document to be to the satisfaction of the City Solicitor." 3. FCS-11-019 -Sign Variance - 120 The Boardwalk Council considered Finance and Corporate Services Department report FCS-11-019 (D. Gilchrist), dated January 19, 2011. It was resolved: "That the application of The INCC Corp. (SG 2011-002 - 120 The Boardwalk) requesting permission for 2 canopy signs on either side of the drive-thru to have a distance of 3.04 m (10') between the bottom of the sign and grade rather than the required 4.3m (14.1'); and, permission for 6 fascia signs to extend above the roof line by 0.46m (1.5') whereas the Sign By-law does not permit fascia signs to extend above the roofline, on Block 4, Registered Plan 58M-490, 120 The Boardwalk, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain sign permits for all signs approved in this application from the City's Planning Division." COUNCIL MINUTES JANUARY 24, 2011 - 25 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Expropriation -Viet Thai Restaurants Inc. The following resolution arose from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute all documents necessary to settle the expropriation matter with Viet Thai Restaurants Inc. as per direction received in camera January 24, 2011, said documentation to be to the satisfaction of the City Solicitor."