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HomeMy WebLinkAboutCouncil Minutes - 2022-12-12 SSpecial Council Meeting Minutes December 12, 2022, 10:00 a.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor A. Clancy 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 L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing D. Saunderson, Deputy Clerk M. Blake, Committee Administrator 1 1. Commencement A special meeting of City Council was held at 10:00 a.m. this date, chaired by Mayor B. Vrbanovic, with all members present. Councillor M. Johnston and C. Michaud participated electronically through Zoom. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. The meeting began with a Land Acknowledgement given by the Mayor. 2. Disclosure of Pecuniary Interest and the General Nature Thereof None. 3. Staff Reports 3.1 Bill 23 - More Homes Built Faster Act, DSD -2022-501 Council considered Development Services Department report DSD -2022-501 regarding Bill 23, More Homes Built Faster Act, which received Royal Assent by the Province of Ontario on November 28, 2022. In addition, Council was in receipt of written submissions from Marilyn Hay, Shane Mulligan, Dave Klassen, Mary Lou Klassen, Deb Bennett, Dawn Parker related to Bill 23, More Homes Built Faster Act. Natalie Goss, Manager, Policy & Research, presented the report and responded to questions from Council. Garett Stevenson, Interim Director, Planning, Ryan Hagey, Director, Financial Planning and Katherine Hughes, Assistant City Solicitor, were also in attendance to respond to questions. In response to questions, G. Stevenson advised the 2023 budget has not been amended to address the potential financial impacts related to the Bill 23, or previously approved Bill 109 and Bill 13, which have also been addressed to address the Provincial Housing crisis. G. Stevenson advised staff will be reviewing the full implications of the changes to the Planning Act over the next year with the intentions of taking a more coordinated approach of addressing any financial impacts through the 2024 budget process. R. Hagey further advised while Bill 23 has received Provincial approval, the Province has yet to release regulations that will provide further implementation directives, so there are still a number of unknown factors that are pending before there is a full understanding of the impacts on municipal operations. Moved by Councillor B. loannidis Seconded by Councillor P. Singh E "That staff be directed to prepare an implementation action plan for Bill 23, More Homes Built Faster Act, 2022, as well as other recently approved Provincial legislation, including Bill 13, Supporting People and Businesses Act, 2021, and Bill 109, More Homes for Everyone Act, 2022, and to report back to Council on, or before, June 26, 2023." Carried 4. New Business 4.1 Notice of Motion - B. Vrbanovic - Ontario's Big City Mayors (OBCM) Bill 23, More Homes Built Faster Act, 2022 It was suggested and agreed the Ontario Big City Mayors Notice of Motion be considered prior to the other Notice of Motion on the Agenda. Mayor B. Vrbanovic vacated the Chair to bring forward the Notice of Motion and Councillor S. Davey assumed the Chair. Mayor B. Vrbanovic brought forward a Notice of Motion of advocacy to the Province which was put forward by the Ontario Big City Mayor (OBCM) related to Bill 23, which was seconded by Councillor P. Singh. Mayor B. Vrbanovic spoke to the Notice of Motion stating as part of the discussion with the OBCM's there was consideration to request the Province to repeal Bill 23, More Home Built Faster Act, 2022 in its entirety but was decided that greater emphasis should be on advocating for areas where change could be achieved. Mayor Vrbanovic noted the resolution on the agenda reflects the motion passed by OBCM and requested Council's support for the motion without amendments to ensure there was a more consistent voice province wide. The following motion was then voted on a recorded vote. Moved by Mayor B. Vrbanovic Seconded by Councillor P. Singh "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; 3 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; M 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 BE IT 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 BE IT 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 FURTHER 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 1 st; THEREFORE BE IT FURTHER 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 l effects of outside and market forces that may impact the achievement of these targets." Carried, unanimously. Mayor B. Vrbanovic then assumed the Chair. 4.2 Notice of Motion - D. Chapman - Inclusionary Zoning Policy Councillor D. Chapman brought forward a Notice of Motion related to Bill 23, More Homes Built Faster Act and specifically the regulations related to inclusionary Zoning, with the inclusion of an additional operative Clause that a copy of the 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, which was seconded by Councillor A. Clancy. In response to questions, Natalie Goss advised staff are currently working collaboratively on Inclusionary Zoning with the Region of Waterloo and cities of Waterloo and Cambridge, with the anticipation of bringing forward a status report at the end of Q1 2023/beginning of Q2 2023. The timing of Inclusionary Zoning is related to working currently in progress on downtown district energy and updated land use within major transit station areas which is collectively anticipated for Council consideration at the end of 2024. Councillor S. Davey brought forward a motion to defer the Notice of Motion until Q1 or Q2 of 2023, stating concerns with advocating for an Inclusionary Target prior to receiving additional regulations from the Province of Ontario providing further direction on the implementation of Bill 23, which was seconded by Councillor B. loannidis. Moved by Councillor S. Davey Seconded by Councillor B. loannidis The following motion was deferred to a Council Meeting no later than June 2023 (Q1 or Q2 2023), to allow staff an opportunity to obtain additional regulations from the Province of Ontario on Bill 23: n. "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; 7 THEREFORE BE IT FINALLY RESOLVED that a copy of the 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." Carried 4.3 Notice of Motion - A. Clancy - Bill 23 Climate action and Community wellbeing K. Reimer -Watts addressed Council in support of Councillor A. Clancy's Notice of Motion. K. Reimer -Watts and expressed concerns with Bill 23, More Home Built Faster Act, 2022 and the speed in which the Bill was approved by the Province and its potential adverse impacts on Climate Action. K. Reimer -Watts stated in his opinion the Bill will not ultimately address affordable housing, but will adversely impact the ability to maintain sustainable communities. K. Reimer - Watts noted support for the City advocating to the Province to repeal Bill 23 in its entirety. In response to questions, K. Reimer -Watts stated the motion that was passed related to OBCM's was appreciated but stated the only real appropriate action would be repealing the Bill. Councillor A. Clancy brought forward the Notice of Motion, which was seconded by Councillor D. Chapman. In response to questions, Dianna Saunderson, Deputy Clerk, advised the Notice of Motion brought forward by Mayor Vrbanovic spoke to the immediate pause on related to the implementation of Bull 23, noting the Clause that the City request the Province repeal Bill 23 would be contradictory to direction previously approved. It was suggested that the clause could be amended to request similar direction to pause the implementation of Bill 23, or Council reconsider the Ontario Big City Mayor motion to substitute the wording to reflect a request of the Province to repeal Bill 23 in its entirety. It was noted requesting a pause on the implementation of Bill 23 this date, would not prohibit a member of Council to bring forward a further motion requesting the Province to repeal the Bill at a later date. Councillor A. Clancy agreed to amend Clause 9 of the Notice of Motion this date to reflect the request to pause the implementation of Bill 23, rather than requesting a repeal of the Bill, which was seconded by Councillor D. Chapman. Moved by Councillor A. Clancy Seconded by Councillor D. Chapman "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; 9 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 to the Province of Ontario to immediately pause the implementation of 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." Carried 10 5. Recess and Reconvene The Special Council meeting recessed at 12:28 p.m. and reconvened at 5:53 p.m. Chaired by Mayor B. Vrbanovic, with all members present. Councillors M. Johnston and C. Michaud participated electronically through Zoom. 6. Staff Reports (Cont'd) 6.1 Centre in the Square Board Appointments, COR -2022-519 Moved by Councillor D. Schnider Seconded by Councillor S. Davey it was resolved: "That effective immediately Dan Carli and Barb Blundon be appointed to the Centre in the Square Board for a 3 -year term ending December 31, 2025, as outlined on Corporate Services Department report COR -2022- 519." Carried 6.2 Preapproval of 2023 Capital Projects, FIN -2022-496 Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That Council pre -approve the capital projects listed in Appendix A to Financial Services Department report FIN -2022-496 for procurement prior to passing the 2023 budget." Carried 6.3 2023 User Fees, FIN -2022-482 Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the proposed fees and charges contained in the 2023 User Fee Schedule attached to Financial Services Department report FIN -2022-482 be approved, save and except the Planning Fees identified in lines 232 to 319 and two Engineering fees identified as lines 229 and 230, be deferred to the December 19, 2022, Council Meeting; and further, 11 That the Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing and building permits." Carried 6.4 2023 Water Utilities Rates, FIN -2022-488 Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the proposed rates contained in the 2022 Water Utilities Rates schedule attached to Financial Services Department Report FIN -2022-488 be approved." Carried 6.5 2023 Natural Gas Rates, INS -2022-486 Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the supply component of the natural gas rate be decreased to 20.85 cents per cubic meter from 21.45 cents per cubic meter for system gas customers of Kitchener Utilities effective January 1, 2023; and, That Kitchener Utilities' natural gas variable and fixed delivery rates be approved as proposed in Infrastructure Services Department report INS - 2022 -486, Attachment 'A', for all Kitchener delivery customers effective January 1, 2023; and further, That the supply rate of natural gas be reviewed quarterly against market conditions and necessary changes to be brought forward for Council approval." 7. In -camera Meeting Authorization Moved by Councillor D. Chapman Seconded by Councillor C. Michaud Carried 12 "That an in -camera meeting of City Council be held immediately following the special council meeting this date to consider 5 matters relating to land acquisition and disposition, two of those matters being also subject to solicitor client privilege, and one of the matters also being subject to security of property as authorized by Sections 239 (a) (c) (e) and (f) of the Municipal Act, 2001, respectively." Carried 8. Recess and Reconvene The Special Council meeting recessed at 5:54 p.m. and reconvened at 7:30 p.m. Chaired by Mayor B. Vrbanovic, with all members present. Councillors M. Johnston, C. Michaud and A. Owodunni participated electronically through Zoom. 9. Disclosure of Pecuniary Interest and the General Nature Thereof 9.1 Councillor A. Clancy - Conflict - Item 8.2 of the Special Council Agenda Councillor A. Clancy declared a conflict on item 8.2 of the Special Council agenda this date due to her employment with one of the board organizations and did not participate in any voting or discussion of the matter. 9.2 Councillor P. Singh - Conflict - Item 8.3 of the Special Council Agenda Councillor P. Singh declared a conflict on item 8.3 of the Special Council agenda this date as member of his family own property within the vicinity of the subject property and did not participate in any voting or discussion of the matter. 10. Ontario Land Tribunal Matter - Memorandum of Understanding Council considered this matter arising from an in -camera meeting held earlier this date. Moved by Councillor S. Davey Seconded by Councillor J. Deneault "That the General Manager of Development Services be authorized to sign a Memorandum of Understanding to the satisfaction of the City Solicitor and in accordance with the terms and conditions discussed at the December 12, 2022 in -camera meeting." Carried 13 11. By-laws 11.1 Three Readings Moved by Councillor D. Schnider Seconded by Councillor B. loannidis "That the by-laws be given third reading, namely: 11.1.a To confirm all actions and proceedings of the Council for December 12, 2022. 12Adjournment On motion the meeting adjourned at 7:41 p.m.. Mayor (By-law 2022-124) Carried 14