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HomeMy WebLinkAboutCouncil Minutes - 2021-11-22I KrTcr�NER Council Meeting Minutes November 22, 2021, 7:00 p.m. Electronic Meeting Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor C. Michaud Councillor K. Gal loway-Sealock Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Marsh Absent: Councillor J. Gazzola Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services C. Bluhm, Executive Director, of Economic Development B. Gilmore, Fire Chief L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing R. Bustamante, Director of Planning G. Stevenson, Manager, Development Review C. Tarling, City Clerk D. Saunderson, Deputy Clerk S. Goldrup, Committee Administrator 1 1. COMMENCEMENT The electronic meeting began with a Land Acknowledgement given by the Mayor and the singing of "0 Canada." 2. MINUTES FOR APPROVAL On motion by Councillor P. Singh the minutes of the regular meeting held October 18, 2021, and special meetings held November 8, and November 15, 2021, as provided to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 None 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request under Policy MUN-FAC-442 4.2 Vaccine Passport Program 4.3 'Renovictions' 5_ PRESENTATIONS 5.1 Volunteer Engagement - Long Service Recognition Awards Mayor B. Vrbanovic recognized Top Spin Table Tennis Club of KW; Waterloo Region Minor Football Association; Tsuruoka Karate Club; The Region of Waterloo Swim Club; K -W Water Polo Club; Kitchener Minor Girls' Softball Association; Conestoga Sailing Club; Mill -Courtland Neighbourhood Association; The Kingsdale Neighbourhood Association; and, Doon Pioneer Park Community Association for their milestone years of service achievements. It was noted in total, the 10 volunteer -led groups have contributed 385 years of service to the City of Kitchener. 6. DELEGATIONS 6.1 Boathouse, Victoria Park, a MUSIC Centered Venue 6.1.a Peter Temple and Gerry Muller Council was in receipt of a written submission from Peter Temple regarding the Boathouse Facility, located in Victoria Park encouraging Council to maintain it as a Music Centered venue. Peter Temple and Gerry Muller addressed Council in relation to the Boathouse, and requested that when the Request for Proposal (RFP) is released to the 2 public it should include a focus on maintaining the grass roots music presence. In response to questions, P. Temple indicated a preferred tenant should have experience booking artists and experience with consumables. G. Muller expressed concerns with the City seeking fair market value through the RFP process, indicating it could prohibit potential operators from being able to maintain the facility as a music centre location. G. Muller further advised the facility, when open, provides a greater sense of security to the neighbourhood due to the increased activity on the street. C. Bluhm addressed Council on this matter, noting the RFP is intended to be release by the City later this week and will be open until January 2022. C. Bluhm indicated the RFPs will be reviewed and scored based on a number of criteria; those that are offering the facility as a music venue will score higher than those that do not. C. Bluhm further advised Council will be included in the review process related to potential tenants. 6.2 Community Volunteer Group - Henry Sturm Green (Community Garden Shed Request) 6.2.a Margaret Santos, Red Raccoon Bike Rescue and Rebekah Haynes, ComeUnity Roots Garden Council was also in receipt of written submissions from Ziggy's Cycle and Sport, Black Arrow Cycles, Victoria Park Neighbourhood Association and Doug Jones, Waterloo Region Community Garden Network on behalf of the request of Red Raccoon Bike Rescue (RRBR) and ComeUnity Roots Garden (CRG) for the use of the community garden shed located adjacent the Henry Sturm Green along the Iron Horse Trail. Margaret Santos and Rebekah Haynes addressed Council on behalf of RRBR and CRG with a request to repurpose the community garden shed located adjacent to the Henry Sturm Green along the Iron Horse Trail. Gwyneth Mitchell (RRBR) and Candace McCutcheon (CRG) were also in attendance. M. Santos and R. Haynes provided an overview of their organizations' work and the importance of the shed to their operations. M. Santos stated they have spoken with City staff in advance of attending Council, noting N. Lobley has acknowledged staff's support for reviewing the group's request. In response to questions, R. Haynes advised she continues to work with City staff to obtain grant funding where opportunity permits. M. Santos stated they are currently in the process for applying for grant funding that is intended to help with their operational needs but the request to utilize the shed is beyond the funding request. 3 M. May stated the group's request has been referred to the Neighbourhood Development Office for review, noting a fulsome review will be completed and it is anticipated that staff will bring forward a future report including a recommendation related to the use of the shed for Council's consideration. 6.3 Conversion Therapy Notice of Motion listed as Item 9.3. 6.3.a Mark Hartburg, No Conversion Canada -Waterloo Region Steering Committee, Cait Glassen, Nicholas Schiavo, No Conversion Canada, Dr. Kristopher Wells, Mandi Cowan, Melissa Kennedy and Dr. Frank Szatmari Councillor D. Chapman gave notice that she would introduce a motion this date related to City denouncing conversion therapy. Council was in receipt of written submissions from K. Wells, D. Chirilenco, V. Waffle, H. Ardelean, M. Hartburg, R. Adams, S. Lorusso, M. Schell and N. Schiavo in support of the Conversation Therapy Notice of Motion listed on the agenda this date. M. Hartburg, No Conversion Canada -Waterloo Region Steering Committee, Nicholas Schiavo, No Conversion Canada, Dr. Kristopher Wells, Mandi Cowan, Melissa Kennedy and Dr. Frank Szatmari addressed Council in support of the Conversation Therapy Notice of Motion listed on the agenda this date. Moved by Councillor D. Chapman Seconded by Councillor P. Singh "WHEREAS Conversion practices or conversion "therapy' (also known as "reparative therapy", "reintegrative therapy" or "aversion therapy") include any treatment, practice, or sustained effort that has the intended effect of denying, repressing, discouraging or changing a person's non - heterosexual sexual orientation, non-cisgender gender identity or gender expression, or any behaviours associated with a gender other than the person's sex assigned at birth; and, WHEREAS all such practices are unscientific, dangerous and proven to cause harm to their victims; and, WHEREAS such practices are opposed by more than 50 professional associations, including the Canadian Association the Canadian Association of Social Workers, Canadian Psychiatric Association, Canadian Professional Association for Transgender Health, Canadian Psychological Association, College of Registered Psychotherapists of Ontario, as well as the United Nations and World Health Organization; and, WHEREAS Bill C-6-2020, An Act to Amend the Criminal Code (Conversion Therapy), which proposed five conversion therapy -related offences, was an historic piece of legislation preceded by decades of advocacy by conversion practice survivors, that progressed to the second reading stage in the Senate before dying on the order paper when an election was called in August 2021; and, WHEREAS several cities across Canada have adopted bylaws to prohibit conversion practices or are in the process of doing so, including the City of Kingston and the City of Thunder Bay in Ontario; and, WHEREAS the City has adopted a Strategic Plan with a theme of being a "Caring Community", which includes a commitment to supporting our diverse populations, including the removal of social stigmas and where possible being more equitable and inclusive; and, WHEREAS Kitchener continues to seek opportunities to demonstrate leadership in making all those within our community feel equal and included; THEREFORE BE IT RESOLVED that Kitchener City Council formally denounce conversion practices as dangerous and harmful, perpetuating myths and stereotypes about sexual orientation and gender identity and expression; and, THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener request our Office of Equity, Anti -Racism and Indigenous Initiatives explore ways to support conversion therapy survivors and those at risk; and, THEREFORE BE IT FURTHER RESOLVED that Kitchener City Council direct City staff to continue to monitor legislative developments at the federal and/or provincial orders of government pertaining to conversion therapy, and in conjunction with any actions taken by them and our regional and municipal partners locally, bring a report to Council outlining any further legislative and/or policy actions which may be contemplated by the municipality to further prohibit conversion practices, and, THEREFORE BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Right Honourable Prime Minister of Canada, Minister of Housing, and Diversity and Inclusion, Minister of Justice, Minister for Women and Gender Equality and Youth, and area Members of Parliament urging creation of a new bill within the first 100 days of their mandate which will include a "no consent" provision to protect Canadians of all ages; and, THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be forward to the Honourable Premier of Ontario, area Members of Provincial Parliament, the Association of Municipalities of Ontario, and all other municipalities in Ontario encouraging both the Province and other municipalities to also formally denounce and take action to prohibit conversion practices against all persons regardless of age." In Favour (10): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor K. Galloway-Sealock, Councillor P. Singh, Councillor B. loannidis, Councillor M. Johnston, Councillor D. Chapman, and Councillor S. Marsh Carried, unanimously on a recorded vote (10 to 0) 7. REPORTS OF COMMITTEES 7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - November 8, 2021 Moved by Councillor S. Davey Seconded by Councillor K. Galloway-Sealock "That the report of the Finance and Corporate Services Committee, dated November 8, 2021, listed as Items 7.1.a to 7.1.d on the agenda this date, be adopted, as amended." It was requested that Items 7.1.a. and 7.1.c. should be dealt with separately. 7.1.a DSD -2021-173 - Public Art Sculpture "Moments", McLennan Park and Public Art Policy Amendment "That the deaccessioning and disposition of the sculptural public artwork titled "Moments", located in McLennan Park, as outlined in Development Services Department report DSD -2021-173, be approved; and, That the disposition methods prioritize an option that seeks to keep the work in the public sphere; and further, 6 That Public Art Policy GOV-COR-816 be amended, as outlined in Report DSD -2021-173, to include a new section 4.19 identifying the reasons and process for deaccessioning artwork from the city's public art collection." Carried 7.1.b FIN -2021-57 - 2022 User Fees J. Lautenbach, Chief Financial Officer was in attendance to respond to questions regarding Financial Services Department report FIN -2021-57, listed as item 7.1.b on the Finance and Corporate Services Committee report. It was noted that staff has provided additional information on the fees related to tax certificates purchased by mortgage companies, the request related to cricket pitches as well as patio agreements. In response to questions, J. Lautenbach advised staff would have no objections to increasing the fees paid by mortgage companies related to tax certificates but not exceeding $16. to ensure the fee is in line with the other local municipalities. Moved by Councillor Singh, seconded by Councillor S. Davey to amend the fee of $14 fee per property tax roll for tax certificates to $16 to offset some of the administrative costs charged directly to the mortgage companies. Councillor Singh's amendment was then voted on and was Carried. Moved by Councillor K. Galloway-Sealock, seconded by Councillor B. loannidis to amend the fees for cricket in 2022 as follows: New Adult league fee $22.97/Hr; New Adult league flat rate max 6 hour booking $120.05 — the same rate the clubs are charged in Waterloo; and, New Youth and Neighbourhood fee $15.40/Hr as suggested by staff. Councillor K. Galloway-Sealock's amendment was then voted on and was Carried. The 2022 User Fees as amended were then voted on. Moved by Councillor S. Davey Seconded by Councillor K. Galloway-Sealock "That the proposed fees and charges contained in the 2022 User Fee Schedule attached to Financial Services Department report FIN -2021-57 be approved, as amended; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and 7 charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications." Carried, as amended 7.1.c DSD -2021-162 - Brownfield Financial Incentive Program Review "That the Brownfield Financial Incentive Program be amended by eliminating the 10% allowance for indirect costs, as described in Development Services Department report DSD -2021-162; and further; That staff be direct staff to review and report back on possible options to repurpose the proposed 10% reduction for the Brownfield Incentive program to another community benefit program, affordable housing being suggested as a possible option and report back in early 2022." Carried 7.1.d COR -2021-26 - 2022 Municipal & School Board Election - Alternative Voting Methods and COR -2021-33 - 2022 Municipal & School Board Election - Mail -in Ballots as a Supplementary Voting Option Christine Tarling, Director Legislated Services/City Clerk, and Cody Boomer, Election Project Manager, were in attendance to respond to questions regarding Corporate Services Department report COR -2021-26, listed as item 7.1.b on the Finance and Corporate Services Committee report. A further report Corporate Services Department report COR -2021-33, entitled " " was provided as a follow up response as requested. Moved by Councillor S. Davey, seconded by Councillor K. Galloway-Sealock, to direct staff to proceed with the use of tabulators and paper ballots for the 2022 Municipal Election, as outlined in Corporate Services Department report COR - 2021 -26. Moved by Councillor S. Davey Seconded by Councillor K. Gal loway-Sealock "That staff be directed to proceed with the use of tabulators and paper ballots for the 2022 Municipal Election, outlined in Corporate Services Department report COR -2021-26." Carried 8 7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - November 8, 2021 Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That the report of the Community and Infrastructure Services Committee, dated November 8, 2021, listed as items 7.2.a to 7.2.c on the agenda this date, be adopted." 7.2.a CSD -2021-13 - Kitchener Easy Riders Cycle Club - Funding Agreement "That the General Manager, Community Services be authorized to execute a Funding Agreement, subject to the satisfaction of the City Solicitor, with the Kitchener Easy Riders Cycle Club, to provide funding for operating a cycle club from December 2021 to May 2023, as outlined in Community Services Department report CSD -2021-13." Carried 7.2.b DSD -2021-174 - Transfer of Jurisdiction - Duke St W between Victoria Street and the Rail Corridor "That Council support the assumption of Duke St between Victoria St and the rail corridor by the Region of Waterloo, as outlined in Development Services Department report DSD -2021-174; and further, That Council support the inclusion of an active transportation underpass on Duke Street at the rail corridor that connects the adjacent neighbourhood to downtown and the King/Victoria Transit Hub." Carried 7.2.c INS -2021-10 - RBJ Schlegel Park, Phase 2 -Consultant Fee Increase "That an extension of the purchase order to a+LINK Architecture Inc., the RBJ Schlegel Park Phase 2 Design & Contract Administration, in the amount of $108,898 plus H.S.T., as outlined in Infrastructure Services Department report INS -2021-10, be approved." Carried 9 7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -November 8, 2021 Moved by Councillor P. Singh Seconded by Councillor S. Marsh "That the report of the Planning and Strategic Initiatives Committee, dated November 8, 2021, listed as items 7.3.a to 7.3.b on the agenda this date, be adopted." 7.3.a DSD -2021-168 -Zoning By-law Amendment ZBA/21/005/H/CD - 210 Heritage Drive - Pioneer Tower Homes Inc. "That Zoning By-law Amendment Application ZBA21/005/H/CD for the property municipally addressed as 210 Heritage Drive for Pioneer Tower Homes Inc. be approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Development Services Department report DSD - 2021 -168 as Appendix "A"; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA/21/005/H/CD." Carried 7.3.b DSD -2021-169 -Zoning By-law Amendment ZBA20/010/V/AP - 117 & 133 Vanier Drive - 2385235 Ontario Ltd. "That Zoning By-law Amendment Application ZBA20/010/V/AP for the property municipally addressed as 117 & 133 Vanier Drive for 2385235 Ontario Ltd. be approved in the form shown in the Proposed By-law and Map No. 1 attached to Development Services Department report DSD - 2021 -169 as Attachment 'A'; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA20/010/V/AP; and further, That the Urban Design Brief for 117 & 133 Vanier Drive, prepared by GSP Group, dated April 2021, attached to Development Services Department report DSD -2021-169 as Attachment'B', be endorsed and provide general direction for Site Plan development." Carried 10 8. UNFINISHED BUSINESS 8.1 None. 9. NEW BUSINESS 9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC Mayor B. Vrbanovic provided additional information related to initiatives being undertaken by the Region of Waterloo including an update on COVID vaccinations and the recent approval for vaccinations for children ages 5 to 11 years of age; the redevelopment of the Charles Street Terminal; the development of the Transit Terminal; and, the temporary closure of the House of Friendship. 9.2 Notice of Motion - M. Johnston - Fire Safety Measures Councillor M. Johnston gave notice that she would introduce a motion this date related to lobbying the Province of Ontario to undertake a review of the Ontario Fire Code to amend the Ontario Fire Code Section 9.5.2.8.(1) (known as Retrofit Section) to require self-closing devices on all suite closures (doors) within low rise residential buildings. Bob Gilmore, Fire Chief was in attendance to respond to questions from Council. Moved by Councillor M. Johnston Seconded by Councillor C. Michaud "WHEREAS the Government of Ontario, in December 1975, enacted the Ontario Building Code for the purpose of regulating the construction of new, safe buildings within the Province of Ontario; and, WHEREAS the Government of Ontario, in November 1981 enacted the Ontario Fire Code for the purpose of maintaining the life safety systems of all buildings within the Province of Ontario; and, WHEREAS the Government of Ontario, in November 1983 began the process of amending the Ontario Fire Code to include Retrofit provisions, for the purpose of providing a minimum level of life safety for those existing buildings which had not been built under the provisions of any version of the Ontario Building Code; and, WHEREAS the government of Ontario, in October 1992 amended the Ontario Fire Code Retrofit provisions, for the purpose of providing a minimum level of life safety to buildings classed as low rise residential (9.5); and, -11 9.4 WHEREAS October 2021 marks twenty-nine (29) years since the requirements outlined by Retrofit 9.5 have been substantially updated; and, WHEREAS this lack of currently appropriate standards for self-closing devices on suite doors and positive latching on exit stairwell doors has led to significant serious injuries, deaths, long term dislodgement of residents, and significant unnecessary insurance loss due to allowed building deficiencies; THEREFORE IT BE RESOLVED that the City of Kitchener urges the Government of Ontario to direct the Ontario Fire Marshal's Office — Technical Services, to undertake an immediate review of that portion of the Ontario Fire Code known as Retrofit Section 9.5; THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener urges the Government of Ontario to, as expeditiously as possible, amend the Ontario Fire Code Sentence 9.5.2.8.(1) to require self closing devices on all suite closures (doors) within low rise residential buildings; and, THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener urges the Government of Ontario to, as expeditiously as possible, amend the Ontario Fire Code Sentence 9.5.3.3.(3) to require that closures (doors) entering exit stairwells be equipped with both self-closing devices and positive latching; and, THEREFORE IT FINALLY BE RESOLVED that a copy of this resolution be forwarded to the Honourable Premier of Ontario, the Minster of Municipal Affairs and Housing, the Association of Municipalities of Ontario; and, all other Ontario municipalities." Carried Notice of Motion - D. Chapman - Conversion Therapy Carried, under Delegations Notice of Motion - P. Singh - Parking Management - Site Plan Approval Section 41 Development Agreements Councillor P. Singh gave notice that he would introduce a motion this date to review and develop a condition through the Site Plan Approval process requiring property owners to make more suitable arrangements for alternative off-site 12 parking for development sites where required on-site parking is displaced during construction. Garett Stevenson, Manager, Development Services, was in attendance to respond to questions from Council. Moved by Councillor P. Singh Seconded by Councillor B. loannidis "WHEREAS the City of Kitchener is the approval authority of Site Plan approval under Section 41 of the Planning Act; and, WHEREAS the site plan approval process is delegated to the Director of Planning, the Manager of Site Development and Customer Service, and the Manager of Development Review; and, WHEREAS conditions of site plan approval are issued by the Director of Planning; and, WHEREAS redevelopment of a property may require the temporary relocation of required on-site parking, as required by City of Kitchener zoning by-laws; and, WHEREAS the development of a property may require temporary parking during construction; and, THEREFORE BE IT RESOLVED that staff be directed to develop a new approval condition, for inclusion in certain Section 41 Development Agreements, to require an Owner to make suitable arrangements for alternative off-site parking for development sites where required on-site parking is displaced during construction, to the satisfaction of the City Solicitor and the City's Director of Transportation Services; and, THEREFORE BE IT RESOLVED that staff be directed to develop a new condition, to be included in certain Section 41 Development Agreements, to require an Owner to require approval of a construction Parking Management Plan, to the satisfaction of the City Solicitor and the City's Director of Transportation Services." 10. QUESTIONS AND ANSWERS -NIL 11. BY-LAWS 11.1 IST AND 2ND READING Carried 13 Council agreed to the request of Christine Tarling, City Clerk, to add two additional by-laws for three readings this date, a Zoning By-law Amendment for the property municipally addressed as 210 Heritage Drive and Zoning By-law Amendment for the property municipally addressed as 117 & 133 Vanier Drive. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Chapman "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.b To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.c To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.d 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. 11.1.e Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 11.1.f To confirm all actions and proceedings of the Council. 11.1.g Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — 210 Heritage Inc — 210 Heritage Drive. 11.1.h Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — 2385235 Ontario Ltd. — 117 and 133 Vanier Drive. Carried. 12, COMMITTEE OF THE WHOLE On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor P. Singh. 12.1 TENDERS 12.1.a FIN -2021-44 - Non -Standard Procurement - SolarWall System at Forest Heights Pool -14 Denise McGoldrick, General Manager, Infrastructure Services Department, was in attendance to respond to questions from Council. It was resolved: "That DBM Perfcon Inc, Toronto, Ontario, be the sole source provider for the turnkey installation of a SolarWall system at Forest Heights Pool, at a cost of $151,312.20, plus H.S.T. of $19,670.59, for a total of $170,982.79, provided a satisfactory contract is executed." Carried 12.2 ADMINISTRATIVE REPORTS 12.2.a COR -2021-30 - Mid-term Citizen Appointments for Advisory Committees and Boards Christine Tarling, Director Legislated Services/City Clerk was in attendance to respond to questions from Council. It was resolved: "That the list of recommended citizen candidates for mid-term advisory committee vacancies for the term of December 1, 2021 to November 14, 2022, as outlined in COR -2021-30, be approved; and further, That James Phillips and Rosa Lupo be approved as Independent Directors for the Board of Kitchener Power Corporation for the term indicated in Appendix "A", as attached to staff report COR -2021-30." Carried 12.2.b COR -2021-29 - 2022 Council and Standing Committee Schedule it was resolved: "That the 2022 meeting schedule of Council and Standing Committee, as attached to Corporate Services Department report COR -2021-29, be approved; and further, That Council be permitted to amend the calendar as necessary by resolution." Carried 15 12.2.c Market Compensation Review Council considered a matter arising from an electronic in -camera meeting held earlier this date. It was resolved: "That staff be directed to proceed in accordance with the in -camera direction provided this date, November 22, 2021 regarding a labour relations matter which also relates to personally identifiable individuals." Carried 12.2.d COR -2021-34 - Memorandum of Settlement, CUPE 791 and IATSE 357 Council considered a matter arising from an electronic in -camera meeting held earlier this date. It was resolved: "That Council approve the terms and conditions contained in the Memorandum of Settlement dated October 22, 2021 to establish the 2021- 2025 Collective Agreement with CUPE Local 791, as outlined in Corporate Services Department report COR -2021-34; and, That the wage, health and dental benefits and vacation enhancements negotiated with CUPE 791 for 2021, 2022, 2023, and 2024 be applied to non-union/management positions consistent with the City's approach to joint job evaluation; and, That the CUPE 791 wage settlements for 2021, 2022, 2023, and 2024 be applied to 9000 series positions; and, That Council approve the terms and conditions contained in the Memorandum of Settlement dated July 26, 2021 to establish the 2020- 2022 Collective Agreement with IATSE 357; and further, That the Mayor and the Clerk be authorized to execute documentation arising there from." 13. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. Carried 10 Moved by Councillor P. Singh Seconded by Councillor B. loannidis "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 14. BY-LAWS 14.1 3RD READING Moved by Councillor D. Chapman Seconded by Councillor B. loannidis "That the by-laws be given third reading, namely: 14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2021-089) 14.1.b To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2021-090) 14.1.c 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. 2021-091) 14.1.d 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. 2021-092) 14.1.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. 2021-093) 14.1.f To confirm all actions and proceedings of the Council. (By-law No. 2021-094) 17 14.1.8 Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — 210 Heritage Inc — 210 Heritage Drive. (By-law No. 2021-095) 14.1.11 Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — 2385235 Ontario Ltd. — 117 and 133 Vanier Drive. (By-law No. 2021-096) be taken as read a third time, be finally passed and numbered serially by the Clerk." 15, ADJOURNMENT On motion, the meeting adjourned at 10:30 p.m. Mayor Clerk Carried.