Special Council Meeting
Agenda

Monday, December 12, 2022 at 10:00 A.m. - 12:00 P.m.

Council Chambers - Hybrid

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation@kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record.

The meeting live-stream and archived videos are available at www.kitchener.ca/watchnow

*Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.*

1.
Commencement

The electronic meeting will begin with a Land Acknowledgement given by the Mayor.

2.
Disclosure of Pecuniary Interest and the General Nature Thereof

3.
Delegations

Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by December 12, 2022 on 8:30 a.m., in order to participate electronically.

4.
Staff Reports

4.1
Bill 23 - More Homes Built Faster Act, DSD-2022-501

90 m

1.Bill 23 More Homes Built Faster Act - Kitchener Comments - DSD-2022-501.pdf

2.Attachment A_DSD_2022_501_Bill 23 Kitchener Response_FINAL.pdf

5.
New Business

5.1
Notice of Motion - D. Chapman - Inclusionary Zoning Policy

Councillor D. Chapman has given notice to introduce the following motion for consideration this date:

"Whereas housing as a human right was solidified in Bill C-97 (National Strategy Housing Act) on June 21 2019, stating: “It is declared to be the housing policy of the Government of Canada to recognize that the right to adequate housing is a fundamental human right affirmed in international law; and to recognize that housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities;

Whereas there is an affordable housing crisis in the Region of Waterloo, with over 7,500 families on the affordable housing waiting list, over 1,000 homeless people and an estimated 21 unsanctioned encampments around the Region;

Whereas the City of Kitchener passed a Housing for All Strategy in 2020 which identified the need for over 9,300 affordable rental housing units;

Whereas the Region of Waterloo defines affordable as 30% of one’s income;

Whereas “affordable,” as defined by the affordability subcommittee of Kitchener’s Housing Strategy Advisory Committee, is 30% of a full-time minimum wage ($32, 240/year), that is just over $800 a month;

Whereas the average rent of a one-bedroom apartment in Kitchener today is about $1,700;

Whereas inclusionary zoning is one of the few tools available to lower-tiered municipalities to address the affordable housing shortage; and,

Whereas Bill 23 sets a maximum requirement of 5% affordable units per residential build at 80% of market value for a period of 25 years, equating to approximately $1,360 rent per month for a one-bedroom apartment, in other words 70% higher than the figure proposed by the affordable housing subcommittee;

Therefore be it resolved that Kitchener City Council request that the Province of Ontario re-evaluate its inclusionary zoning policy - with a view to setting a substantial minimum required percentage of affordable units, re-defining “affordable” and giving authority to local municipalities to set minimum time limits for affordable units to remain affordable - through consultation with lower tiered governments, those with lived experiences and affordable housing advocates, all of whom have invested time and resources to understand the needs of their communities."

5.2
Notice of Motion - A. Clancy - Bill 23 Climate action and Community wellbeing

Councillor A. Clancy has given notice to introduce the following motion for consideration this date:

"WHEREAS the City of Kitchener acknowledges the affordable housing crisis and housing supply crisis, and has developed a Housing for All strategy to meet the needs of current and future residents and has established a fund to reduce development charges on affordable housing, and designated sufficient land to assist the province in reaching it’s housing targets;

WHEREAS the City of Kitchener, along with other area municipalities, has both declared a climate emergency; committed in principle to a 50% reduction in absolute community GHG emissions by 2030; endorsed the TransformWR Climate Action Strategy and the Regional Official Plan; all as evidence of the City’s commitment to striving towards development that prioritizes both community wellbeing and a safe climate future;

WHEREAS Bill 23, the More Homes Built Faster Act, 2022, is a significant piece of legislation that makes substantial changes to multiple pieces of existing legislation and supporting regulations as part of Ontario’s Housing Supply Action Plan for 2022-2023;

WHEREAS the Province of Ontario through its MOU with the Associations of Municipalities of Ontario has committed to prior consultation to cooperate with municipal governments in considering new legislation or regulations that will have a municipal impact;

WHEREAS, the introduction of a bill during a period of transition with a short timeline for consultation may lead to unintended consequences and serious implications that could cause harm and work against the province’s goal of 1.5 million homes in 10 years;

WHEREAS the City of Kitchener relies on groundwater to resource the needs of residents and businesses, which may potentially be jeopardized by the inability to protect land and natural ecosystems that replenish our groundwater due to legislative changes made by Bill 23, negatively impacting future generations;

WHEREAS Bill 23 will undermine these commitments to both climate action and community wellbeing that the City of Kitchener is striving to prioritize, affecting the overall wellbeing of Kitchener residents and communities; and,

WHEREAS Bill 23 will impact city finances leading to limitations on infrastructure investments to serve new homes, and reduce service provision negatively impacting resident well being or create an increased tax burden on rate payers in the City; as it moves away from our “growth pays for growth” approach;

THEREFORE BE IT RESOLVED that Kitchener City Council requests that the Province of Ontario repeal Bill 23, as the process was not conducted in a manner respecting the commitment to prior consultation, transparency and cooperation;

THEREFORE BE IT FURTHER RESOLVED that Kitchener City Council requests the province to do a thorough analysis of the economic impact of climate disasters including flooding, heat related death, property damage and food shortages in order to put an accurate value on adaptation, the protection of farmland, wetlands, ecosystems and the Conservation Authorities who guide such protection and consider the results of that analysis in implementation of the regulations surrounding Bill 23 and any future housing related legislation; and

THEREFORE BE IT FURTHER RESOLVED that Kitchener City Council requests that the Province of Ontario work with municipalities to explore efficiencies locally that may improve practices to address the housing supply; and,

THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable Parm Gill, Minister of Red Tape Reduction, Mike Schreiner, Leader of the Ontario Green Party and MPP Guelph, John Fraser, Interim Leader of the Ontario Liberal Party and MPP Ottawa South, Peter Tabuns, Interim Leader Ontario NDP Party and MPP Toronto-Danforth, Region of Waterloo, City of Cambridge, City of Waterloo, Association of Municipalities of Ontario, the Ontario Big City Mayors Caucus, the Federation of Canadian Municipalities and local and area MPPs."

5.3
Notice of Motion - B. Vrbanovic - Ontario’s Big City Mayors (OBCM) Bill 23, More Homes Built Faster Act, 2022

Mayor B. Vrbanovic has given notice to introduce the following motion for consideration this date:

"WHEREAS the provincial government passed Bill 23, More Home Built Faster Act, 2022 on November 28, 2022 with regulations and changes to several provincial acts which will have a significant impact on municipalities in the province;

WHEREAS notwithstanding there are parts of Bill 23 that will help build homes faster, Ontario’s Big City Mayors (OBCM) have written to Premier Doug Ford and Minister Steve Clark regarding their concerns with Bill 23, and have presented to the Standing Committee on Heritage, Infrastructure and Cultural Policy;

WHEREAS the OBCM mayors have noted significant concerns relating to the impact on the collection of development charges and parkland levies, that will result in billions of dollars worth of infrastructure deficits that, without offsetting, will severely impact the current tax base as well as impact how municipalities will fund parkland spaces;

WHEREAS the impacts of this revenue shortfall will result in property tax increases and severely impact a municipality’s ability to build the infrastructure needed to support the creation of new homes including roads, sewer and water systems, and supports for the delivery of fire and police services, delaying the building of new homes;

WHEREAS municipal audits announced by the province in selected municipalities will show how these reserve funds are allocated by each municipality to pay for the cost of this needed infrastructure, based on legislation from the province that strictly sets out their uses;

WHEREAS all partners in the homebuilding process, including municipalities who have responsibility for permitting, approvals and servicing, and developers who are responsible for getting shovels in the ground, can improve processes geared toward their part of creating a new housing supply;

WHEREAS while the municipal sector can help cut red tape and speed up the municipal approvals process, it is the responsibility of the province to look at delays within their ministries, and the responsibility of developers and home builders to further coordinate the building of homes in a timely manner once development approvals are in place;

WHEREAS the province has not identified accountability measures for all parties involved in creating housing, nor has the province identified annual targets to demonstrate incremental goals to build 1.5 million homes over the next decade;

THEREFORE BE IT RESOLVED THAT the City of Kitchener endorse and support the OBCM mayors request to the province immediately pause the implementation of changes to the development charges act and parkland fee reductions in Bill 23 until cities have been consulted on finding solutions to the impacts that these changes will have to our communities;

THEREFORE IT BE FURTHER RESOLVED that the City request the province put in place the Housing Supply Action Plan Implementation Table immediately and establish a terms of reference for the implementation table, and that Bill 23 is considered a priority in consultation with municipalities and other stakeholders in the home building industry;

THEREFORE IT BE FURTHER RESOLVED that the City request the province work with municipalities to re-open the discussion on a new long-term permanent municipal funding strategy to maintain services and fund critical infrastructure projects, and include the federal government to discuss joint solutions such as allocating a portion of the Harmonized Sales Tax (HST) to cities, allowing municipalities to build the housing that Ontarians need without having the burden fall on the existing property tax base; THAT while this work on an additional long-term municipal funding strategy is underway, municipalities are made whole, dollar-for-dollar, by the province to eliminate the unintended consequences of revenue reductions associated with Bill 23 changes;

THEREFORE BE IT RESOLVED THAT the City of Kitchener endorse and support the OBCM request to hold all stakeholders (provincial ministries, municipalities, developers, and homebuilders) jointly accountable for their part of the home building process through the upcoming housing unit pledge exercise, due to the province by March 1st;

THEREFORE BE IT RESOLVED THAT the City of Kitchener endorse and support the OBCM request to urge the province work with each municipality and all other partners in the homebuilding process to identify annual targets, with agreed upon accountability measures and metrics put in place based on each partner’s role in the homebuilding process;

THEREFORE IT BE FINALLY RESOLVED that City request the Housing Supply Action Plan Implementation Table regularly identify to the Minister of Municipal Affairs and Housing legislative and regulatory amendments to mitigate or eliminate unintended consequences of Bill 23, inclusive of the effects of outside and market forces that may impact the achievement of these targets."

6.
Recess and Reconvene

The in-camera meeting will then recess following item 5.1 listed on the agenda this date and reconvene at approximately 5:00 p.m. to consider the balance of the agenda.

7.
Staff Reports (Cont'd)

7.1
Centre in the Square Board Appointments, COR-2022-519

1.2022 Centre in the Square Board Appointment - COR-2022-519.pdf

7.2
Preapproval of 2023 Capital Projects, FIN-2022-496

Council is requested to consider any recommendation arising from the Finance and Corporate Services Committee meeting this date, concerning the pre-approval of 2023 Capital Projects for Procurement.

7.3
2023 User Fees, FIN-2022-482

Council is requested to consider any recommendation arising from the Finance and Corporate Services Committee meeting this date, concerning 2023 User Fees.

7.4
2023 Water Utilities Rates, FIN-2022-488

Council is requested to consider any recommendation arising from the Finance and Corporate Services Committee meeting this date concerning the 2023 Water Utilities Rates.

7.5
2023 Natural Gas Rates, INS-2022-486

Council is requested to consider any recommendation arising from the Finance and Corporate Services Committee meeting this date, concerning the Natural Gas Supply and Delivery Rates.

8.
In-camera Meeting Authorization

Note: Any member of Council may question the appropriateness of a listed in-camera item. This may be done during the special Council meeting or at the beginning of the in-camera session.

Council is asked to enact the following resolution to authorize an in-camera meeting:

"That an in-camera meeting of City Council be held immediately following the special council meeting this date to consider 4 matters relating to land acquisition and disposition, two of those matters being also subject to solicitor client privilege, and one security of property matter as authorized by Sections 239 239 (a) (c) (e) and (f) of the Municipal Act, 2001, respectively."