HomeMy WebLinkAboutCouncil Minutes - 2022-05-09Council Meeting Minutes
May 9, 2022, 7:00 p.m.
Electronic Meeting
Present: Mayor B. Vrbanovic
Councillor S. Davey
Councillor D. Schnider
Councillor J. Gazzola
Councillor C. Michaud
Councillor K. Galloway-Sealock
Councillor P. Singh
Councillor B. loannidis
Councillor M. Johnston
Councillor D. Chapman
Councillor S. Marsh
Staff: D. Chapman, Chief Administrative Officer
M. May, General Manager, Community Services and Deputy
Chief Administrator
J. Readman, General Manager, Development Services
J. Lautenbach, Chief Financial Officer, Financial Services
D. McGoldrick, General Manager, Infrastructure Services
L. MacDonald, City Solicitor
A. Fusco, Director Legislated Services / City Clerk
D. Saunderson, Deputy Clerk
1, COMMENCEMENT
The electronic meeting began at 7:31 p.m. with a Land Acknowledgement given
by the Mayor and the singing of "0 Canada."
2. MINUTES FOR APPROVAL
On motion by Councillor S. Marsh the minutes of the regular meeting held April
11, 2022 and special meetings held April 11 and 25, 2022, as mailed to the
Mayor and Councillors, were accepted.
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3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
31 Councillor M. Johnston - Digital Service Squad Funding 2022 - 2024, DSD -
2022 -166
Councillor M. Johnston declared a conflict with Digital Service Squad Funding
2022 - 2024, DSD -2022-166, listed on the Finance and Corporate Services
Committee - April 25, 2022 agenda this date, due to her employment and did not
participate in any voting or discussion regarding this matter.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request under Policy MUN-FAC-442
4.1.a Against Parental Alienation Canada - April 25 - 29, 2022
. PRESENTATIONS - NIL
6. DELEGATIONS
6.1 Kitchener Power Corp. Annual Business Matters, FIN -2022-194, listed as
item 12.1.a
6.1.a Jerry Van Ooteghem, President and CEO, Kitchener -Wilmot Hydro and Jim
Phillips, Chair, Kitchener Power Corp.
Council considered Financial Services Department report FIN -2022-194, entitled
Kitchener Power Corp. Annual Business Matters, dated April 13, 2022, listed as
item 12.1.a regarding the annual business reporting for Kitchener Power Corp.
(KPC)
Jerry Van Ooteghem, President and CEO, Kitchener -Wilmot Hydro and Jim
Phillips, Chair, Kitchener Power Corp. were in attendance to present the report
and responded to questions from Council. J. Van Ooteghem responded to
questions related to customer services call volumes, the proposed merger, as
well as grant programs Kitchener Power Corp. participates in.
Moved by Councillor J. Gazzola
Seconded by Councillor S. Davey
"That the audited financial statements of Kitchener Power Corp. for
the year ended December 31, 2021 as audited by KPMG, LLP, and
attached to report FIN -2022-194, be received; and further,
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That KPMG, LLP, be appointed as auditors of Kitchener Power
Corp. for the ensuing fiscal year and Directors are authorized to set
their remuneration."
Carried
6.2 Kitchener Power Corp. and Waterloo North Hydro Merger - New Board
Considerations, FIN -2022-201, listed as item 12.1.b
6.2.a Jerry Van Ooteghem, President and CEO, Kitchener -Wilmot Hydro and Jim
Phillips, Chair, Kitchener Power Corp.
Council considered Financial Services Department report FIN -2022-201 entitled,
Kitchener Power Corp. and Waterloo North Hydro Merger, dated April 20, 2022,
listed as item 12.1.b on the Committee of the Whole agenda this date. Jim
Phillips, Chair, Kitchener Power Corp. presented the report and responded to
questions from Council.
It was noted Clause 1, paragraphs 1, 2 and 3 would be voted on separated to
confirm the appointments to the KPC Board, New Board candidates and confirm
previously nominated members of Council to serve on the new Holdco Board,
which was moved by Councillor P. Singh and seconded by Councillor D.
Schnider. Clause 1, paragraphs 1, 2 and 3 was then voted on and was Carried.
The following were then nominated for appointment on the new Wiresco Board:
Councillors S. Davey, J. Gazzola and M. Johnston. Councillor M. Johnston
declined to stand for nomination. Using the approved voting procedures,
Councillor S. Davey was then appointed to the Wiresco Board.
The balance of the motion was then voted on and was Carried.
Moved by Councillor P. Singh
Seconded by Councillor D. Schnider
"THAT with the proposed merger between Kitchener Power Corp.
and Waterloo North Hydro Holding Corporation and their
subsidiaries Kitchener -Wilmot Hydro Inc. and Waterloo North Hydro
Inc. anticipated to be finalized this year, and subject to the
transaction closing, the following recommendations regarding
Kitchener board representatives be approved:
Current KPC Board members Jim Phillips and Rosa Lupo, be appointed to
serve as independent board members on the new Holdco Board as
outlined in this report, and;
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New Board candidates Susan Taves and Brian Unrau be appointed to
serve as independent board members on the new Holdco Board, based
on recommendations of the KPC recruitment committee as outlined in this
report, and;
Councillors previously nominated to serve on the KPC Board starting June
1, 2022, Councillor Kelly Galloway-Sealock, and Councillor Bill loannidis,
continue to serve and be appointed to the new Holdco Board during the
"transition year" as outlined in this report, and further;
Councillor S. Davey be appointed to serve on the new Wiresco Board
during the "transition year" as outlined as outlined in this report."
Carried, as amended
7, REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - May 3, 2022
Moved by Councillor J. Gazzola
Seconded by Councillor D. Chapman
"That the report of Heritage Kitchener, dated May 3, 2022, listed as
item 7.1.a. on the agenda this date, be adopted."
7.1.a Notice of Intention to Demolish - Former Old Men's Residence, Grand River
Hospital Freeport Campus - 3570 King Street East, DSD -2022-169
"That, in accordance with Section 27(3) of the Ontario Heritage Act,
the Notice of Intention to Demolish received on March 17, 2022,
regarding the Old Men's Residence located on the property
municipally addressed as 3570 King Street East, as outlined in
Development Services Department report DSD -2022-169, be
received for information and that the notice period run its course, as
outlined in Development Services Department report DSD -2022-
169; and,
That the City arrange to have the Old Men's Residence properly
documented through photographs prior to any demolition activity."
Carried
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - April 25, 2022
Due to the previously declared conflict related to item 7.2.a. on the agenda this
date related to the Digital Services Squad, that item was dealt with separately.
Councillor J. Gazzola requested item 7.2.b on the Financial and Corporate
Services Committee report, dated April 25, 2022 be voted on separately on
recorded vote.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the report of the Finance and Corporate Services Committee,
dated April 25, 2022, listed as item 7.2.c. on the agenda this date,
be adopted."
7.2.a Digital Service Squad Funding 2022 - 2024, DSD -2022-166
Councillor M. Johnston declared a conflict on this item. (Councillor M. Johnston
declared a conflict with Digital Service Squad Funding 2022 - 2024, DSD -2022-
166, listed on the Finance and Corporate Services Committee - April 25, 2022
agenda this date, due to her employment and did not participate in any voting or
discussion regarding this matter.)
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the Mayor and Clerk be authorized to sign a funding
agreement, subject to the satisfaction of the City Solicitor, with the
Ontario Business Improvement Area Association (OBIAA) to enable
the Small Business Centre to deliver the Digital Service Squad
program, in accordance with Development Services Department
report DSD -2022-166; and further,
That the General Manager, Development Services be authorized to
execute on behalf of the City of Kitchener any amendments to the
funding agreement provided such amendments are to the
satisfaction of the City Solicitor."
Carried
7.2.b 2022 Development Charges (DC) Study & Bylaw - Public Input, FIN -2022-189
J. Lautenbach, Chief Financial Officer, was in attendance and responded to
questions from Council.
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Councillor J. Gazzola requested Report FIN -2022-0189 be voted on separately
on a recorded vote.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the Finance and Corporate Services Committee meeting dated
April 25, 2022, be deemed as the statutory public meeting for the
2022 Development Charges By-law update and it is determined that
no further public meetings will be held in respect to the passage of
the By-law, as outlined in Financial Services Department report FIN -
2022 -189."
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
Contra (1): Councillor J. Gazzola
Carried, on a recorded vote (10 to 1)
7.2.c ADDENDUM Report to DSD -2022-192 Province of Ontario More Homes for
Everyone Plan (Bill 109), DSD -2022-199
"That Development Services Department report DSD -2022-199 titled
"Addendum Report to DSD -2022-192 Province of Ontario More
Homes for Everyone Plan (Bill 109)" be submitted together with
report DSD -2022-192 to the Province as the City of Kitchener's
comments on the More Homes for Everyone Plan which includes Bill
109; proposed guidelines for the Community Infrastructure and
Housing Accelerator; and the Missing Middle Housing and Gentle
Density Discussion Paper; and,
That staff be directed to prepare an interim update regarding the
Province of Ontario More Homes for Everyone Plan (Bill 109) in the
third quarter of 2022 and a fulsome report in the fourth quarter of
2022."
Carried
S. UNFINISHED BUSINESS — NIL
9, QUESTIONS AND ANSWERS
• At the request of Councilor P. Singh, Staff agreed to report back on the
operation of the bathroom facilities at McLennan Park proposed for the
summer months.
• Councillor C. Michaud thanked staff completing additional work at Upper
Canada Park, including armour stone and landscaping to address safety
concerns that were identified with playground area.
10. NEW BUSINESS
10.1 REGIONAL COUNCIL UPDATE —MAYOR B. VRBANOVIC
10.2 Notice of Motion - D. Chapman - Energy Performance Tiers
Justin Readman, General Manager, Development Services, responded to
questions from Council.
Councillor P. Singh questioned whether an amendment to the motion would be
appropriate to provide direction to continue to dialogue with the development
community related to green development standards and where necessary report
back to Council, if further advocacy efforts with other levels of government are
possibly required.
The Mayor noted that additional direction could be provided but it would be
preferred to deal with the matter separately.
Moved by Councillor D. Chapman
Seconded by Councillor M. Johnston
"WHEREAS the Province of Ontario adopted greenhouse gas
reduction targets of 30% by 2030, and emissions from buildings
represented 22% of the province's 2017 emissions,
WHEREAS all Waterloo Region municipalities, including the City of
Kitchener, adopted greenhouse gas reduction targets of 80% below
2012 levels by 2050 and endorsed in principle a 50% reduction by
2030 interim target that requires the support of bold and immediate
provincial and federal actions,
WHEREAS greenhouse gas emissions from buildings represent
45% of all emissions in Waterloo Region, and an important strategy
in the TransformWR community climate action strategy, adopted by
all Councils in Waterloo Region, targets new buildings to be net -zero
carbon or able to transition to net -zero carbon using region -wide
building standards and building capacity and expertise of building
operators, property managers, and in the design and construction
sector,
WHEREAS the City of Kitchener recently adopted a policy requiring
new City buildings greater than 500m2 to have an energy intensity -
based target of 25% energy improvement above Ontario Building
Code Regulation 388/18 or NetZero Ready/NetZero energy, where
site conditions allow;
WHEREAS buildings with better energy performance provide
owners and occupants with lower energy bills, improved building
comfort, and resilience from power disruptions that are expected to
be more common in a changing climate, tackling both inequality and
energy poverty;
WHEREAS while expensive retrofits of the current building stock to
achieve future net zero requirements could be aligned with end -of -
life replacement cycles to be more cost-efficient, new buildings that
are not constructed to be net zero ready will require substantial
retrofits before end -of -life replacement cycles at significantly more
cost, making it more cost-efficient to build it right the first time.
THEREFORE BE IT RESOLVED THAT Council request the
Province of Ontario to include energy performance tiers and
timelines for increasing minimum energy performance standards
step-by-step to the highest energy performance tier in the next
edition of the Ontario Building Code, consistent with the intent of the
draft National Model Building Code and the necessity of bold and
immediate provincial action on climate change;
THEREFORE BE IT RESOLVED THAT Council request the
Province of Ontario to adopt a more ambitious energy performance
tier of the draft National Model Building Code as the minimum
requirement for the next edition of the Ontario Building Code than
those currently proposed;
THEREFORE BE IT RESOLVED THAT Council request the
Province of Ontario encourage and provide authority to
municipalities to adopt higher energy performance tiers than the
Ontario Building Code and Green Development Standards;
THEREFORE BE IT FURTHER RESOLVED THAT Council request
the Province of Ontario to facilitate capacity, education and training
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in the implementation of the National Model Building Code for
municipal planning and building inspection staff, developers, and
homebuilders to help build capacity; and
THEREFORE BE IT FINALLY RESOLVED THAT this resolution be
provided to the Minister of Municipal Affairs and Housing, to area
MPPs, and to all Ontario Municipalities."
Carried
Moved by Councillor P. Singh
Seconded by Councillor D. Schnider
"That staff be directed to continue to dialogue with the development
community related to green development standards and where
necessary report back to Council, if further advocacy efforts with
other levels of government are possibly required."
Carried
11. BY-LAWS
11.1 1ST AND 2ND READING
Moved by Councillor D. Chapman
Seconded by Councillor B. loannidis
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11.1.a 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.b 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.c To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized
parking of motor vehicles on private property.
11.1.d Being a by-law to exempt certain lots from Part Lot Control — Blocks 185, 185,
187, 188, 189 and 190, Registered Plan 58M-682 — Grassbourne Avenue,
Roywood Street, Broadacre Drive and Beckview Drive.
11.1.e Being a by-law to set and levy the rates of taxation for City purposes for the year
2022 and to provide for the payment of taxes after interim taxes.
11.1.f Being a by- law to assume certain lands within the City of Kitchener as public
highway.
11.1.g To confirm all actions and proceedings of Council for May 9, 2022.
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 S. Marsh.
12.1 ADMINISTRATIVE REPORTS
12.1.a Kitchener Power Corp. Annual Business Matters, FIN -2022-194
Carried, under Delegations
12.1.b Kitchener Power Corp. and Waterloo North Hydro Merger - New Board
Considerations, FIN -2022-201, FIN -2022-201
Carried, as amended, under Delegations
12.1.c Downtown Kitchener Business Improvement Area (BIA) and Belmont BIA 2022
Budgets, FIN -2022-216
it was resolved:
"That the 2022 Budgets for the Downtown Kitchener Business
Improvement Area (BIA) and the Belmont Business Improvement
Area (BIA) be approved pursuant to Section 205 (2) of the Municipal
Act, 2001."
Carried
12.1.d Housekeeping Confirmatory By-law - November 2020, COR -2022-223
It was requested and agreed that an additional clause be added to the resolution
that the confirmatory By-law for November 2, 2020 be taken as read a first time
and second time, and stand referred to the third reading of the By-laws on the
agenda this date.
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it was resolved:
"That the actions and proceedings of Special Council held
November 2, 2020, included in the minutes attached as Attachment
A of Corporate Services Department report COR -2022-223 be here
by confirmed by By-law and numbered sequentially by the Clerk;
and further,
That the confirmatory By-law for November 2, 2020 be taken as read
a first time and second time, and stand referred to the third reading
of the By-laws on the agenda this date."
Carried, as amended
12.2 FOR INFORMATION
12.2.a Summary of Bid Solicitations Approved by the Manager of Procurement (Jan 1,
2022 — Mar 31, 2022), FIN -2022-217
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor S. Marsh
Seconded by Councillor K. Galloway-Sealock
"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."
14. BY-LAWS
14.1 3RD READING
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor D. Chapman
"That the by-laws be given third reading, namely:
Carried
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14.1.a 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. 2022-052)
14.1.b 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. 2022-053)
14.1.c 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. 2022-054)
14.1.d Being a by-law to exempt certain lots from Part Lot Control — Blocks 185, 185,
187, 188, 189 and 190, Registered Plan 58M-682 — Grassbourne Avenue,
Roywood Street, Broadacre Drive and Beckview Drive.
(By Law No. 2022-055)
14.1.e Being a by-law to set and levy the rates of taxation for City purposes for the year
2022 and to provide for the payment of taxes after interim taxes.
(By Law No. 2022-056)
14.1.f Being a by- law to assume certain lands within the City of Kitchener as public
highway.
(By Law No. 2022-057)
14.1.g To confirm all actions and proceedings of Council for May 9, 2022.
(By Law No. 2022-058)
14.1.h To confirm all actions and proceeding of Council for November 2, 2020.
(By Law No. 2022-059)
be taken as read a third time, be finally passed and numbered
serially by the Clerk."
Carried
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15. ADJOURNMENT
On motion, the meeting adjourned at 8:58 p.m.
Mayor
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