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Home My WebLink AboutCSD-08-036 - Kiwanis Pk - Hot Air Balloon Launching Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Community Services Committee April 21 , 2008 Pauline Houston, General Manager, Community Services Renate Willms, Supervisor of Administration (Ext. 2395) April 15, 2008 CSD-08-036 KIWANIS PARK - HOT AIR BALLOON LAUNCHING RECOMMENDATION: That the City of Kitchener approve Kiwanis Park as a site to launch hot air balloons, in designated areas approved by staff, subject to the applicant applying for and meeting the City's policies for launching hot air balloons; and further, That Council Policy Number 1-445 be amended to add Kiwanis Park as an approved site for hot air balloon launching. BACKGROUND: It is Council's policy that hot air balloon launching be limited to Victoria Park unless special permission is obtained from Council. In early 2007, staff received a request from a hot air balloon company to investigate the use of Kiwanis Park for hot air balloon launching. On March 19, 2007, Council approved the use of Kiwanis Park for hot air balloon launching on a trial basis until the end of December 2007. At the end of the trial period, staff were to review complaints and concerns raised as a result of the use of the park for launching hot air balloons and bring those forward to Council for consideration prior to Council considering the use of Kiwanis Park for hot air balloon launching on a permanent basis. REPORT: Staff have reviewed the space availability in Kiwanis Park and are satisfied that the tablelands area of the park will meet the needs of the balloonists and not interfere with other uses of the park. Report No. CSD-08-036 Page 2 On February 21, 2008, a letter was sent to area residents advising them that staff will be bringing a report forward to Council in March or April 2008 requesting that Kiwanis Park be designated as an approved site to launch hot air balloons on a permanent basis. Residents who subsequently notified staff of their concerns regarding the use of the park for hot air balloon launching were advised that the report will be brought forward at the April 21 Community Services Committee meeting and were invited to register as delegations. At time of writing this report, no residents had registered to attend the April 21 CSC meeting to address Council. The hot air balloon company wishing to use the park has advised that it is their intention to launch during evening hours (approximately 7:00 pm) once or twice a week. They are also aware that the park is not to be used for launching if it is being used for any other City endorsed, permitted or sponsored events. They will send a representative to attend the meeting to answer any questions. Residents from five area homes brought forward concerns in writing which have been circulated to Council under separate cover and are summarized as follows: y increased traffic, noise and pollution y illegal parking at or near entrance to Kiwanis Park y already have a substantial amount of air traffic from Waterloo Regional Airport y safety and privacy issues (balloons flying too low over homes) y the noises made by the balloons alarm dogs The Kiwanis Club has also been notified of this proposal and has advised that they have no concerns. By-law Enforcement staff has indicated that their office did not receive any complaints last year regarding hot air balloon launching at Kiwanis Park. Applicants requesting the use of Kiwanis Park to launch hot air balloons will be advised of the restrictions and conditions for such use, as outlined in the attached letter of permission. Further, should Council approve the use of Kiwanis Park for other activities, as outlined in the attached letter, rights granted to the use of Kiwanis Park must not interfere with the City of Kitchener's or their invitees' use of or obligations with respect to the facilities and grounds. FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: This report has been reviewed by Legal, Bylaw and Operations staff. Renate Willms Supervisor of Administration AU. City Hall, P.O. Box 1118 200 King Street West, 7th Floor Kitchener, Ontario Canada, N2G 4G7 Phone (519) 741-2646 Fax (519) 741-2723 TDD (519) 741-2385 pau line. h ousto n@kitchener.ca Pauline E. Houston, C.A. General Manager Department of Community Services Date Company Dear : I hereby grant permission to to launch hot air balloons from Kiwanis Park for the period to December 31, 2007 inclusive, subject to the following conditions: 1. Vehicles must not be driven onto the unpaved areas of the park (the "grounds") if and when the grounds are wet or otherwise in a condition susceptible to damage by vehicles. Carrying or dragging equipment onto the grounds is permitted under such conditions provided that no damage is done to the grounds. Otherwise, care and consideration must be given to the public and the grounds when driving on the grounds. 2. Notwithstanding the provisions of the City's Noise By-law, Chapter 450 of the City of Kitchener Municipal Code, no hot air balloon shall be launched prior to 7:00 am or later than two hours before sunset. 3. You must provide the City with a copy of the following: (a) a certificate of Registration of Aircraft for your balloon(s), setting out the registration number with an accompanying photograph(s) clearly showing the balloon(s)' marking; and, (b) a copy of your balloon pilot(s)' licence(s). 4. You must comply with all applicable laws, by-laws and regulations including without limitation Canadian Aviation Regulations and the City of Kitchener Noise By-law as amended from time to time. 5. You must provide the City with a certificate of liability insurance for the launching and operation of your balloon(s) in the amount of at least two million dollars ($2,000,000) per occurrence, exclusive of interest and costs. The Corporation of the City of Kitchener must be designated as an Additional Insured under your liability insurance policy. You shall only use hot air balloons on City property which are insured as required under this section. 6. You agree to indemnify and save harmless the City of Kitchener from all claims, costs, fines or penalties as it relates to or is associated with your use of the property. - 2 - 7. In the event that damage to the City's or a third party's property occurs, you shall immediately notify the City. 8. The park, or parts of it, shall not be used for launching if it or parts of it are being used for City endorsed, permitted or sponsored events (including set up and take down time) or during periods of turf or landscaping renovations. The City will endeavor to give you as much notice and information as possible with respect to planned events or renovations. 9. Permission to launch hot air balloons from Kiwanis Park is only granted in the locations identified on the attached map. Balloonists using Kiwanis Park to launch hot air balloons may only use the entrance drive and parking facility as designated on the attached map. 10. Rights granted to the use of Kiwanis Park must not interfere with the City of Kitchener's or their invitees' use of or obligations with respect to the facilities and grounds. This permission granted may be revoked by the City without notice and shall immediately become null and void should anyone of the above conditions be breached. Further, permission granted is also subject to a signed copy of this letter being returned to the undersigned. Enjoy a great season of "ballooning"! Yours truly, Pauline Houston, General Manager Community Services Att. c: Legal Department Risk Manager I hereby acknowledge receipt of this letter and will comply with the conditions outlined therein: Name/Company: Sig natu re: Date: Cf) -~ Zo:: ~~ ~ ~ ~ ~ ~ (!) Z o 0<( O:Jw w<(o:: ~m<( ZO::I <.9<(0 -I-Z Cf)0::J ~I:5 /' / \ ,\05/ \ ~ \ // \ ( ~\ <(w \ ~g ~>\ 00:: \ ~~ \ wI--: <( \ ~ C9Z \ <:(<.9 \ m- \ Zz ~\ ~~ .> <.9~ ~\ '-' // fB~ \ ~ '2-1~// 00..: \ ~b / \0..:-1 // /