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HomeMy WebLinkAboutFCS Agenda - 2023-08-141 KiTc�ivER Finance and Corporate Services Committee Agenda Monday, August 14, 2023, 3:00 p.m. - 5:00 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(a)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.* Chair: Councillor S. Davey Vice -Chair: Councillor B. loannidis Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Approval of Terms of Reference - Committee of Adjustment and Property Standards Appeal Committee, COR -2023-320 3.2 Appointments to Business Improvement Areas & Amendment to Establishing By-law, COR -2023-332 3.3 Noise Exemption - Holy Trinity Serbian Church - 700 Fischer Hallman Road - Sept 2 and 3, 2023, CSD -2023-296 3.4 Noise Exemption - The Falls Road Pub - 296 Victoria Street North, CSD - 2023 -297 3.5 Noise Exemption - K -W OktoberFest Inc. -Various Locations - September 22 through October 14, 2023, CSD -2023-169 3.6 Noise Exemption - Burning House Music Festival - Bingemans - September 16, 2023, CSD -2023-333 4. 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 1: 00 p.m. on August 14, 2023, in order to participate electronically. 4.1 Item 5.1. - Troy Glover, Compass Itchener Advisory Committee 4.2 Item 5.1. - Srihasya Kandala, Mark Weir, Ruthann Fisher & Kyle Thomas, Resident Panel 4.3 Item 5.2. - Judy Stephens -Wells, Compass Kitchener Advisory Committee 4.4 Item 5.2. - Wanda West, Active Transportation and Trails Advisory Committee 5. Discussion Items 5.1 2023-2026 Strategic Plan Development - Plan WITH Us Resident Panel Final Report, CAO - 2023 -336 5.2 2023-2026 Strategic Plan Development - Proposed Strategic Plan Content, CAO -2023- 337 (Staff will provide a 5 -minute presentation on this matter.) 5.3 Collaboration Space in the UW Innovation Arena, DSD -2023-328 (Staff will provide a 5 -minute presentation on this matter.) 5.4 2023/2024 Natural Gas Rates, INS -2023-334 (Staff will provide a 5 -minute presentation on this matter.) C! 31 39 42 CVA 20 m 49 30 m 60 20 m 95 15 m 112 Page 2 of 122 6. Information Items 6.1 None 7. Adjournment Mariah Blake Committee Administrator Page 3 of 122 Staff Report r NJ :R Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Amanda Fusco, Director Legislated Services/City Clerk, 519-741-2200 ext. 7809 PREPARED BY: Dianna Saunderson, Manager, Council and Committee Services / Deputy Clerk, 519-741-2200 ext. 7278 WARD(S) INVOLVED: N/A DATE OF REPORT: July 15, 2023 REPORT NO.: COR -2023-320 SUBJECT: Approval of Terms of Reference - Committee of Adjustment and Property Standards Appeal Committee RECOMMENDATION: That the Terms of Reference for the Committee of Adjustment attached as Appendix `A' to Corporate Services Department report COR -2023-320 be approved; and, That the Terms of Reference for the Property Standards Appeal Committee attached as Appendix `B' to Corporate Services Department report COR -2023-320 be approved; and further, That the Clerk be directed to include the approved Terms of References into the City's Policy manual and number them sequentially as per the existing number sequence. REPORT HIGHLIGHTS: The purpose of this report is to establish a Terms of Reference for Committee of Adjustment and Property Standards Committee. The purpose of the Terms of Reference is to provide greater transparency, accountability and guidance to the operational processes and procedures related to the Committees. This report supports the delivery of core services. BACKGROUND: The City currently has four Quasi -Judicial Committees/Tribunals, two that meet regularly which include the Committee of Adjustment and Property Standards Appeal Committee and two that meet infrequently which include the Licensing Appeal Tribunal and Dog Designation Appeal Committee. All four Quasi -Judicial Committees render decisions based on various legislations, including but not limited to, the Statutory Powers of Procedure Act, the Planning Act, the Building Code and the Municipal Act. The term "quasi-judicial tribunal" refers to a body created by law with a mandate to settle matters in an impartial manner by applying rules of law without regard *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 122 for expediency or administrative policy. The Committee of Adjustment and Property Standards Committees render decisions on applications or appeals received based on regulations outlined in the Planning Act and Building Code Act, using the regulated guidance for hearing procedures as outlined in the Statutory Powers of Procedure Act. Both the Committee of Adjustment and Property Standards Committee are long-standing committees that have operated relatively successfully for numerous years under the support and guidance of staff in Legislated Services, Legal, Planning, Transportation Services and By-law Enforcement but would benefit from greater transparency and accountability from an approved Terms of Reference. The Terms of References are intended to confirm and define Committee procedures, provide clear expectations for the recruitment and qualification of its' members and to ensure all members of the Committees are captured clearly under the City's Code of Conduct. REPORT: Committee of Adjustment: The Committee of Adjustment (the `Committee') is an administrative, statutory tribunal which derives its jurisdiction and authority from the Planning Act, R.S.O. 1990, c. P.13 (the `Planning Act'), which enables City Council to establish one. Specifically, the Committee of Adjustment is intended to hold public hearings for the purposes of considering and making decisions with respect to: • Minor Variances from the provisions of the Zoning By-law; • Permissions, which include with enlargements or extensions of a structure that may be legally non -conforming, or a change in non -conforming use; • Consents; and • Leases in excess of 21 years, Validation of Title and Power of Sale. The City of Kitchener Committee of Adjustment considers upwards to 250 applications annually, with no limit to the number of applications that can be considered monthly. Failure to appoint resident members to Committee of Adjustment would default consideration of the applications to Council. The Committee's composition is 5 members who are scheduled to attend every meeting with the current term being approved for two years ending November 14, 2024. It should be noted that staff have always continued to review best practises with regards to the Committee and have amended procedures as necessary to make the Committee more effective and accountable, within the prescribed legislation. Some of the changes over past years include but are not limited to: • amending the rotation schedule to have 5 members attend all meetings rather than 3; • including Committee of Adjustment applications on the City's Open Data portal making information more accessible to the public; • amending meeting procedures to have staff present a summary of each application and an overview of the staff recommendation prior to the Committee's consideration; • providing notice to the applications through the newspaper, the website (multiple locations), mailed notices and signs on subject properties; • providing specific application details on an updated lawn sign (launching Q3 2023); and, • Iivestreaming the meetings to make them more accessible to the public. Page 5 of 122 The Committee of Adjustment is regulated by the Planning Act and the Statutory Powers of Procedure Act, where applicants and interested parties to the applications are to be provided the opportunity for a fair hearing and the Committee is then diligent in their consideration of the application(s) in accordance with the requirements of the Planning Act. The Committee is provided training on the regulations outlined in the Act prior to their term on the Committee and are provided additional training throughout the term as required. For each Committee meeting Planning Staff provide detailed reports outlining the policies and regulations associated with each application, including a recommendation on whether the application(s) should be approved or refused. Planning Staff and Transportation Staff are in attendance to help present the applications, the staff recommendation and respond to questions from the Committee to assist members in rendering their decisions. As a result of the approval and implementation of Bill 23, More Homes Built Faster Act 2022, unlike Zoning By-law Amendments and Official Plan Amendments, Committee of Adjustment decisions are appealable by specified people only, to the Ontario Land Tribunal. Previously, appeal rights were not limited to a specified person. The data below details the number of applications considered by the Committee and the number of instances where an appeal has been received. Minor Variances Applications Considered Appeals Received 2016 134 0 2017 126 0 2018 136 2 2019 134 1 2020 105 1 2021 144 1 2022 144 1 2023* as of 05-2023 62 2 Consent Applications Considered Appeals Received 2016 120 1 2017 49 0 2018 127 1 2019 77 1 2020 48 0 2021 67 3 2022 60 0 2023* as of 05-2023 20 1 *The Minor Variance Appeals received in 2023, the Planning Department recommended refusal of the applications and the Committee supported the staff recommendation. Property Standards Committee: The Property Standards Committee is appointed by Council pursuant to the provisions of the Building Code Act to deal with matters related to the municipality's Property Standards By -Law. Specifically, the Property Standards Committee hears appeals from property owners or occupants with respect to an order served by a Municipal Law Enforcement Officer in cases where the owner or occupant are dissatisfied with the terms and conditions of the order. The Committee has all the powers of the enforcement officer and may confirm the order, modify, or quash it, or may extend the time for compliance. The Property Standards Committee is regulated by the Building Code Act and the Statutory Powers of Procedure Act, where only those that are interested parties to the appeal, would be permitted to participate in the hearing. The Committee is responsible for providing a fair hearing and the Committee is then diligent in their consideration of the application(s) in accordance with the requirements of the Building Code Act. The Committee is provided training on the regulations outlined in the Act prior to their term on the Committee and are provided additional training throughout the term as required. Page 6 of 122 For each meeting By-law Enforcement staff and the Appellant are parties to the hearing process and provided the opportunity to present a case related to the Order to Comply and the property's compliance with the City's Property Standards By-law. As part of the hearing both the Appellant and Enforcement staff have the opportunity to provide summations including making a request to the Committee for their preferred decision. The Committee deliberates and renders a decision. Pending the situation, the Committee may seek advice from Legal Services prior to rendering a decision. The Property Standards Committee's decisions are appealable to Superior Court. A summary has been provided to highlight the number of appeals received, including a summary of the decisions that were appealed to Superior Court. Year Appeals Received Decision Appeal 2016 12 0 2017 12 0 2018 15 0 2019 12 0 2020 14 0 2021 15 0 2022 10 0 2023 as of 05-2023 4 0 General Comments The proposed Terms of References are intended formalize meeting expectations for members, staff, applicants, and interested parties to the hearings. They are intended to provide a clear understanding related meeting format and the members responsibilities when rendering a decision. They also address an identified gap that ties the members to the City's Code of Conduct and provide further guidance related to perceived bias, and options afforded to them when considering applications or appeals, as the decisions rendered by the Committee are judicial in nature. It is important to note similar to Council, staff would not be in a position to provide advice on potential conflicts, as the responsibility would rely solely with the individual member(s). Establishing a Terms of Reference for the two Committees would provide for greater accountability and transparency and is a general best practice. The Licensing Appeal Tribunal and Dog Designation Appeal Committee are not being recommended for a Terms of Reference through this report. Staff are still reviewing options related to those Committees and intend on reporting back through a future report to address those hearings through a different procedure. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: Page 7 of 122 INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • Planning Act • Statutory Powers of Procedure Act • Building Code Act APPROVED BY: Must be the CAO or a General Manager ATTACHMENTS: Attachment A - Terms of Reference Committee of Adjustment Attachment B - Terms of Reference Property Standards Appeal Committee Page 8 of 122 I POLICY Policy No: Click here to enter text. K�rcFrrati�R Policy Title: COMMITTEE OF Approval Date: 'lick here to enter a ADJUSTMENT - TERMS OF REFERENCE Reviewed Date: Click here to enter Policy Type: COUNCIL Next Review Date- '..'lick here to enter Category: Governance Sub -Category: Board & Committee Reviewed Date: Click here to enter Author: D. Saunderson, M. Mills A* Last Amended: Click here to enter a Dept/Div: Corporate Services/Legislated Services/Council/Committee Services - Replaces: Click here to enter text. Repealed: Click here to enter a date. Replaced by. Click here to enter text. Related Policies, Procedures and/or Guidelines: Appointments to Boards & Committees Policy - GOV-BOA-063 Municipal Act t Municipal Conflict of Interest Act Planning Act 1. POLICY PURPOSE: The purpose of the Policy is to establish the Terms of Reference for the Committee of Adjustment. The Committee of Adjustment considers applications for minor variance to the City's zoning requirements, and provisional consent applications as per the authority granted under the under the Planning Act. 2. DEFINITIONS: 1 of 12 Chair: The Chair moves forward business outlined on the meeting agenda, ensures decorum is maintained at meetings, and the rules of procedure and conduct are observed. Vice -Chair: The Vice -Chair acts in the absence of the Chair and assumes the roles and responsibilities of the Chair. Page 9 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE Secretary -Treasurer: The Secretary -Treasurer is a staff member appointed by the Committee and is a non-voting member. They provide administrative support to the Committee as legislated by the Planning Act and, procedural advice within hearings. In the absence of the Secretary Treasurer, an Acting Secretary Treasurer appointed by the Committee will act in their place. Planning Coordinator: The Planning Coordinator is a staff member of the Development Services Division. They provide planning advice and attend meetings to assist the Committee in reaching decisions. Transportation Representative: The Transportation Representative is a staff member of the Development Services Division. They provide advice related to traffic and transportation planning and attend meetings to assist the Committee in reaching decisions. Quorum: Section 44(5) of the Planning Act, as amended, governs the number of members that constitute a quorum, which is the minimum number of Committee members that must be in attendance in order to conduct hearings. 3. SCOPE: 4. POLICY CONTENT: 4.1. Purpose of the Committee The Committee of Adjustment is a statutory tribunal with authority delegated to it by the Council of the City of Kitchener under the provisions of the Planning Act to hold public hearings to make decisions on applications submitted to the City for minor variances, changes in legal non -conforming uses, consents for severances, long-term leases and other decisions as prescribed by the Planning Act. 2of12 Page 10 of 122 POLICY APPLIES TO THE FOLLOWING: ❑ All Employees ❑ All Full -Time Employees ❑ All Union ❑ Management ❑ C. U. P. E. 68 Civic ❑ Non Union ❑ C. U.P.E. 68 Mechanics ❑ Temporary ❑ C. U. P. E. 791 ❑ Student ❑ I. B.E.W. 636 ❑ Part -Time Employees ❑ K. P. F. F. A. ❑ Specified Positions only: ❑ Other: ❑ Council ® Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1. Purpose of the Committee The Committee of Adjustment is a statutory tribunal with authority delegated to it by the Council of the City of Kitchener under the provisions of the Planning Act to hold public hearings to make decisions on applications submitted to the City for minor variances, changes in legal non -conforming uses, consents for severances, long-term leases and other decisions as prescribed by the Planning Act. 2of12 Page 10 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE The Committee operates independently from Council and its decisions may be appealed to the Ontario Land Tribunal (OLT). The Committee's powers with respect to rendering decisions are contained in Section 45 and Section 53 of the Planning Act. 4.2. Roles and Responsibilities The Committee of Adjustment may: • Authorize minor variances from the provisions of the Zoning By -Law for land, buildings or structures or their use; • Permit the enlargement or extension of an existing legal non -conforming building or structure; • Permit the use of land, building or structure for a purpose that is similar to the existing legal non -conforming use or is more compatible with the uses permitted by the Zoning By -Law; and, • Give consent to convey or divide land when a plan of subdivision is not necessary, consent to grant an easement or right-of-way, consent to mortgage or charge land or grant an interest in land for 21 years or more, for example by long-term lease or agreements and consent to validate title. • Perform any further duties as required by the Planning Act or other applicable law. 4.3. Governance The Committee of Adjustment is governed by procedures detailed in the Planning Act, the Municipal Act, the Statutory Powers Procedure Act, the Municipal Conflict of Interest Act, the City's Code of Conduct, and any other legislation, by-law, or City policy which may be applicable from time -to -time. The Committee of Adjustment is guided by planning policies and controls established by the Council of the City of Kitchener through the Official Plan, Zoning By-law(s) and other by-laws for controlling development, the Regional Official Policies Plan of the Region of Waterloo and planning policies and legislation of the Province of Ontario, including the Planning Act, statements of Provincial interest as defined in policy statements, implementation guidelines and Provincial plans. 5. GENERAL 5.1. Committee Composition The Committee of Adjustment is composed of 5 representatives appointed by Council. A Chair and Vice -Chair will be elected from the Committee on an annual basis for the following year. 3of12 Page 11 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE 5.2 Member Qualifications Consideration to the following criteria will be given for appointments to the Committee of Adjustment: • Will comply with the criteria outlined in Council Policy GOV-BOA-063 (Appointment to Boards & Committees); • Availability to attend meetings shall also be considered; • Demonstrated background and knowledge related to the function of the Committee of Adjustment; • Knowledge and understanding of the land use planning process including minor variance and consent process; • Ensuring a balance between experience and new membership; • Knowledge in one or more areas: law, planning, architecture, government, engineering, real estate, economic development, community development or land development; • Demonstrated decision-making, communication, and mediation skills to facilitate an open and fair hearing process. 5.3. Term of Appointment The Committee shall serve for a four-year term or, another term determined by the Council that appointed them and, they shall remain members of the Committee until their successors are appointed. Where a member ceases to be a member before the expiration of their term, Council will appoint another person for the unexpired term. 5.4. Remuneration Committee members shall be compensated $100 for every meeting they attend, and the Chair will be compensated $125 for every meeting. Honorariums will be paid bi-annually, and will not be subject to income tax deductions by the City. 5.5. Code of Conduct The Committee of Adjustment shall comply with any applicable legislation and regulations under the Planning Act and Statutory Powers of Procedure Act and shall abide by the Code of Conduct adopted by Council. 5.6 Conflict of Interest The Municipal Conflict of Interest Act outlines a primary set of ethical rules for Council, Committee and local board members. These rules apply if members have a pecuniary (financial) interest in a matter that is before them at a meeting. The legislation requires a member with a pecuniary interest to: 4of12 • disclose the interest and its general nature before the matter is considered at the meeting; Page 12 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE • complete any required form (s) to necessary by the municipal conflict of interest act; • not take part in the discussion or voting on any question in respect of the matter; • not attempt to influence the voting, during or after the meeting; and • immediately leave the meeting if the meeting is closed to the public. Regarding procedural fairness, members of the Committee of Adjustment should consider taking the above -noted steps where they believe they have an actual bias or where a reasonable apprehension of bias may exist which could impact their ability to decide fairly on a particular matter before them at a meeting. In determining whether there is a reasonable apprehension of bias, the member should consider whether a reasonable and informed person, with knowledge of all relevant circumstances, viewing the matter realistically and practically, would think that it is more likely than not that the member, whether consciously or not, would not decide the matter fairly. 5.7 Resources to the Committee The Secretary -Treasurer is a City of Kitchener staff member appointed by the Committee and is a non-voting member. They provide administrative support to the Committee as legislated by the Planning Act and, procedural advice within hearings. In the absence of the Secretary Treasurer, an Acting Secretary Treasurer appointed by the Committee will act in their place. 5of12 The Secretary -Treasurer will provide or arrange for the provision of orientation and training to Committee members following their appointments relating to the role of the Committee of Adjustment, the applicable provincial and regional policy framework, the Planning Act and related jurisprudence, the City's Official Plan, Zoning By-law(s) and related policies and procedures. The Secretary -Treasurer will arrange for additional training and educational sessions for the Committee or individual members as required or requested by the Committee or a member of the Committee. The Planning Coordinator and Transportation Representative provide subject matter information and attend meetings to assist the Committee in reaching decisions. The Committee may obtain legal advice from the City's Legal Services Division on their ability to dispense of their decisions. Page 13 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE 6. Hearings: 6.1. Conduct of Hearings The Committee of Adjustment shall adhere to City policies and procedures, the Statutory Powers Procedure Act, Municipal Conflict of Interest Act and Planning Act and use the guidance of the Procedural By-law to ensure a fair and unbiased hearing. Where the above noted laws and policies do not speak to an issue, Robert's Rules of Order will be the default guide for meeting procedures. The Committee of Adjustment Committee shall provide and conduct fair hearings by: • Allowing anyone wishing to speak to an application an opportunity to do so; • Giving due diligence to the consideration of each application; • Openly having all discussions about each application and making all decisions in public at the hearing; • Reviewing the application and its merits, Regional and Agency comments, Planning Staff's report and recommendation; and, rendering decisions on applications, in accordance with the requirements of the Planning Act; • The Planning Coordinator and Transportation Representative will attend the meeting to provide subject matter information within their professional ethics on questions arising from the Committee and Delegations. • Making rational decisions with appropriate, well -thought-out conditions; and, ■ Each member including the Chair clearly identifying support or opposition when voting; and, ■ Clearly stating the reasons for their decisions. 6.2. Meeting Schedule and Location The Committee of Adjustment shall meet once a month in the Council Chamber unless otherwise advertised. The Secretary -Treasurer shall prepare a schedule of hearings on an annual basis which will be advertised on the City's website. Generally, the meetings are held on the third Tuesday of the month. The date, time, and location of meetings can be modified at the discretion of the Secretary - Treasurer and Planning Coordinator. Notice of any modified meeting details shall be published on the City's website. 6.3. Open Meetings All meetings shall be open to the public save and except reasons outlined under the Section 239 of the Municipal Act, as amended. No person shall be excluded from meetings except for improper conduct, as defined in Chapter 25 of the City of Kitchener Procedural By-law. 6of12 Page 14 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE 6.4. Quorum Section 44(5) of the Planning Act, as amended, governs the number of members that constitute a quorum. At the time of this policy, three members shall constitute a quorum. All members are requested to attend every scheduled meeting. Members of Committee shall notify the Secretary -Treasurer when they will be absent from any meeting. 6.5. Voting Every Committee of Adjustment member is required to vote, including the Chair. Those members who are present at a Committee meeting when a decision is rendered shall vote by show of hands, except where they are disqualified from voting by reason of a pecuniary interest or is absent from the meeting during the vote. Any member who refuses to vote will be recorded as voting in the negative (opposed). In the event of equality of votes, the motion being voted on is deemed to be lost. 6.6 Hearing Procedures Where possible, the hearing procedure should abide by the following: • The Chair shall call the meeting to order; • Minutes of the Previous Hearing shall be adopted; • Committee members shall declare any pecuniary interests that they may have in applications before the Committee, and the provisions of the Municipal Conflict Interest Act shall apply. o If a conflict of interest is declared, the member shall leave the meeting room for the duration of the hearing of the application and until a decision is rendered. o In determining whether there is a reasonable apprehension of bias, the Committee member should consider whether a reasonable and informed person, with knowledge of all relevant circumstances, viewing the matter realistically and practically, would think that it is more likely than not that the member, whether consciously or not, would not decide the matter fairly. o Where members of the Committee believe they have an actual bias or a reasonable apprehension of bias which could impact their ability to decide fairly on a particular matter before them at a meeting, members should consider taking the steps outlined under "Conflict of Interest." • The Chair shall welcome those in attendance and provide an explanation of the procedures: o The Planning Coordinator shall introduce the application for Committee consideration, and the Staff Recommendation outlined in 7of12 Page 15 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE the Staff report, which is posted on the City of Kitchener website the Friday prior to the meeting. o Everyone having an interest(s)/concern(s) with respect to an application(s) shall be given an opportunity to comment on the applications being heard; o Members of the Public shall be encouraged not to: ■ speak disrespectfully of any person; ■ use offensive words; ■ disobey the decision of the Chair or Committee; and, ■ enter into cross debate with other persons present, City staff, Members, or the Chair. o Members of the public providing oral submissions to the Committee shall be encouraged to provide succinct and relevant comments on the subject application within a maximum of five -minutes. o Comments and questions of the applicant/agent, members of the Public or Planning Coordinator are to be addressed through the Chair; o Committee members shall bring forward a motion to approve, refuse or defer the application. Motions must be seconded by a Committee member. Following discussion and consideration of the motion on the floor, the Committee shall vote upon the motion; o Decisions shall be communicated verbally in the meeting and notice of the decision shall be sent to the anyone who expressed interest in the subject application; • Reminder of the Planning Act appeal period and Section 45 (12) of the Planning Act which permits only the applicant, Minister, specified person or public body to appeal Committee decisions; • Discussion and Decisions on the application, including addressing requests for deferrals and adjournments; and, • Adjournment of the meeting. Staff reserve the right to amend hearing procedures as they are administrative in nature and are required to reflect legislative changes. Please see Appendix `A', Administrative Hearing Procedures for comprehensive hearing procedures for the Committee of Adjustment. 6.7 Notice of Decision 8of12 In accordance with Section 45 and Section 53 of the Planning Act, decisions of the Committee regarding minor variance and consent applications will be issued no more than 10 days following the hearing or as otherwise specified by the Planning Act. Page 16 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE The decision of the Committee can be appealed to the Ontario Land Tribunal (OLT). 7. HISTORY OF POLICY CHANGES None at this time. 9of12 Page 17 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE Appendix A Committee of Adjustment Administrative Hearing Procedures Where possible, the Committee of Adjustment hearing procedures will abide by this document. Staff reserve the right to amend hearing procedures as they are administrative in nature and are required to reflect legislative changes. START OF THE MEETING The Chair shall call the meeting to order. The Chair shall advise: "This meeting of the Committee of Adjustment is being called to hear applications under the Planning Act for Minor Variance and/or Consent. This is a statutory public meeting, anyone having an interest in any of these applications may make oral or written submission for the Committee's consideration. The Committee will render a verbal decision this date and the Agent/Applicant will receive a copy of the Committee's decision in writing by email 10 days after the meeting." The minutes of the Previous Hearing shall be adopted. The Chair shall advise Committee Members to declare any pecuniary interests that they may have in applications before the Committee, and the provisions of the Municipal Conflict Interest Act shall apply. • If a conflict of interest is declared, the member shall leave the meeting room for the duration of the hearing of the application and until a decision is rendered. • In determining whether there is a reasonable apprehension of bias, the Committee member should consider whether a reasonable and informed person, with knowledge of all relevant circumstances, viewing the matter realistically and practically, would think that it is more likely than not that the member, whether consciously or not, would not decide the matter fairly. Where members of the Committee believe they have an actual bias or a reasonable apprehension of bias which could impact their ability to decide fairly on a particular matter before them at a meeting, members should consider taking the steps outlined under "Conflict of Interest." 10 of 12 Page 18 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE THE HEARING PROCESS The Chair shall review the Committee's powers & ability to render a decision and the hearing process: COMMITTEE'S POWERS & ABILITY TO RENDER A DECISION The Chair shall advise that the Committee has the authority to do 1 of 3 things: 1. Approve the Application (the Committee may add, remove or amend conditions for approval) 2. Reject the Application 3. Defer the application/Committee decision to a later meeting The Agent/Applicant will receive the Committee's decision in writing 10 days after the meeting. PROCESS FOR HANDLING EACH APPLICATION: i) The Planning Coordinator shall introduce the application for Committee consideration, and the Staff Recommendation outlined in the Staff report, which is posted on the City of Kitchener website the Friday prior to the meeting. ii) Everyone having an interest(s)/concern(s) with respect to an application(s) shall be given an opportunity to comment on the applications being heard; iii) Members of the Public shall be encouraged not to: o speak disrespectfully of any person; o use offensive words; o disobey the decision of the Chair or Committee; and, o enter into cross debate with other persons present, City staff, Members, or the Chair. iv) Members of the public providing oral submissions to the Committee shall be encouraged to provide succinct and relevant comments on the subject application within a maximum of five -minutes. v) Comments and questions of the applicant/agent, members of the Public or Planning Coordinator are to be addressed through the Chair; vi) Committee members shall bring forward a motion to approve, refuse or defer the application. Motions must be seconded by a Committee member. Following discussion and consideration of the motion on the floor, the Committee shall vote upon the motion; vii) Decisions shall be communicated verbally in the meeting and notice of the decision shall be sent to the anyone who expressed interest in the subject application; 11 of 12 Page 19 of 122 Policy No: Policy Title: COMMITTEE OF ADJUSTMENT - TERMS OF REFERENCE viii) Reminder of the Planning Act appeal period and Section 45 (12) of the Planning Act which permits only the applicant, Minister, specified person or public body to appeal Committee decisions; ix) Discussion and Decisions on the application, including addressing requests for deferrals and adjournments AJOURNMENT OF THE MEETING The Chair shall request a motion to adjourn the meeting. 12 of 12 Page 20 of 122 l POLICY Policy No: Click here to enter text. Policy Title: PROPERTY STANDARDS Approval Date: ;lick here to enter a dac. APPEAL COMMITTEE — TERMS OF REFERENCE Reviewed Date 3lick here to enter text. Policy Type: COUNCIL Next Review Date- :Mick here to enter text. Reviewed Date: ✓lick here to enter text. Category: Governance Sub -Category: Board & Committee Amended: Click here to enter a date. Author: M. Blake Replaces: Click here to enter text. Dept/Div: Corporate Services/Legislative Repealed: Click here to enter a date. Services/Council/Committee Replaced by: Click here to enter text. Services Related Policies, Procedures and/or Guidelines: Appointments to Boards & Committees Policy - GOV-BOA-063 Municipal Act Municipal Conflict of Interest Act OBC SPPA 1. POLICY PURPOSE: The purpose of the Policy is to establish the Terms of Reference for the Property Standards Committee. The Property Standards Committee hears appeals of orders issued by City Property Standards Officers for violations of certain Ontario Building Code and municipal by-law standards for residential, multi -residential and commercial properties. 2. DEFINITIONS: Agent: An individual authorized prior to the hearing, by signature of the property owner/occupant to address the Kitchener Property Standards Appeal Committee on behalf of the subject property. of Page 21 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE Appellant: A property owner that has been served with an Order to Comply and who has submitted a Notice of Appeal to the Committee Secretary within the fourteen (14) days of being served with the Order. By -Law Enforcement Officer: By-law Enforcement Officers are City Staff responsible for the property standards enforcement process, such as requirements to issue a Property Standards Order, service of the Order, and ensuring the Order has been complied with. Responding By-law Enforcement Officers attend Committee meetings as the Respondent to provide evidence. Chair: The Chair moves forward business outlined on the meeting agenda, ensures decorum is maintained at meetings, and the rules of procedure and conduct are observed. Secretary Treasurer: The Secretary Treasurer is a staff member appointed by the Committee and is a non-voting member. They provide administrative support to the Committee, and procedural advice within hearings. Vice Chair: The Vice Chair acts in the absence of the Chair and assumes the roles and responsibilities of the Chair. Quorum: The minimum number of Committee members that must be in attendance to conduct hearings. 3. SCOPE: ❑ Council I ❑x Local Boards & Advisory Committees of Page 22 of 122 POLICY APPLIES TO THE FOLLOWING: ❑x All Employees ❑ Management ❑ Permanent Full -Time Employees ❑ Permanent Full -Time Non Union ❑ Permanent Full -Time C.U.P.E. 791 ❑ Temporary ❑ Part -Time Non -Union ❑x Student ❑ Permanent Full -Time Union ❑ Continuous Part -Time Employees ❑ Part -Time Employees ❑ Continuous Part -Time Non -Union ❑ Continuous Part -Time Union ❑ Specified Positions only: ❑ Other: ❑ Council I ❑x Local Boards & Advisory Committees of Page 22 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE 4. POLICY CONTENT: 4.1. Purpose of the Committee The Property Standards Appeal Committee hears the appeal of any owner or occupant who has been served with an Order issued under the Kitchener Municipal Code Chapter 665 (Standards of Maintenance and Occupancy of Property) and who is not satisfied with the terms or conditions of the Order. 4.2. Roles and Responsibilities The Committee's powers with respect to rendering a decision are contained in section 15.3(3) of the Building Code Act and Municipal Code Chapter 665. The Property Standards Appeal Committee may: • Confirm (uphold) the Order as it currently stands, • Rescind the Order, • Modify the Order (some items may have been completed while others remain outstanding); or, • Grant an extension of time to comply with the Order. (In contemplating this decision, the Committee must be of the opinion that the general intent of the Municipal Code Chapter 665 is being maintained). 4.3. Governance The Property Standards Appeal Committee shall adhere to the City policies and procedures, the Statutory Powers Procedure Act, Municipal Conflict of Interest Act, Kitchener Municipal Code Chapter 665, the Municipal Freedom of Information and Protection Act, and the Building Code Act sections 15, 16 & 18. The Committee shall use the guidance of Chapter 25 (Procedure) of the City of Kitchener Municipal Code to ensure a fair and unbiased hearing. 5. GENERAL: 5.1. Committee Composition The Property Standards Appeal Committee shall be comprised of a minimum of three (3) members, as per Section 15.6 of the Building Code Act. A Chair and Vice Chairwill be elected from the Committee on an annual basis forthe following year. 5.2. Member Qualifications Consideration to the following criteria will be given for appointments to the Property Standards Committee: • Will comply with the criteria outlined in Council Policy GOV-BOA-063 (Appointment to Boards & Committees); of Page 23 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE • Demonstrated interest, academic qualification, work experience, knowledge or professional expertise. • Availability to attend meetings shall also be considered; • Knowledge and/or understanding of the Building Code Act would be considered an asset; • Ensuring a balance between experience and new membership; • Knowledge in one or more areas: legal tribunal governance, land use, real estate, law, construction, development, municipal policy. • Demonstrated decision-making, communication, and mediation skills to facilitate an open and fair hearing process. 5.3. Term of Appointment The Committee shall serve for a two-year term or, another term determined by the Council that appointed them and, they shall remain members of the Committee until their successors are appointed. Where a member ceases to be a member before the expiration of their term, Council will appoint another person for the unexpired term. 5.4. Renumeration Committee members shall be compensated $75 for each meeting they attend. Honorariums will be paid following participation in each Property Standards Appeal Committee meeting and will not be subject to income tax deductions by the City. 5.5. Code of Conduct The Property Standards Appeal Committee members shall comply with any applicable legislation and regulations under the Statutory Powers of Procedure Act and shall abide by the Code of Conduct adopted by Council. 5.6. Conflict of Interest The Municipal Conflict of Interest Act sets out a primary set of ethical rules for Council, Committee and local board members. These rules apply if members have a pecuniary (financial) interest in a matter that is before them at a meeting. The legislation requires a member with a pecuniary interest to: • disclose the interest and its general nature before the matter is considered at the meeting; • complete any required form (s) to necessary by the municipal conflict of interest act; • not take part in the discussion or voting on any question in respect of the matter; • not attempt to influence the voting, during or after the meeting; and • immediately leave the meeting, if the meeting is closed to the public. 4 of 10 Page 24 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE Regarding procedural fairness, members of the Property Standards Appeal Committee should consider taking the above -noted steps where they believe they have an actual bias or where a reasonable apprehension of bias may exist which could impact their ability to decide fairly on a particular matter before them at a meeting. In determining whether there is a reasonable apprehension of bias, the member should consider whether a reasonable and informed person, with knowledge of all relevant circumstances, viewing the matter realistically and practically, would think that it is more likely than not that the member, whether consciously or not, would not decide the matter fairly. 5.7. Resources to the Committee The Secretary -Treasurer is a City of Kitchener staff member appointed by the Committee and is a non-voting member. They provide administrative support to the Committee and, procedural advice within hearings. In the absence of the Secretary Treasurer, an Acting Secretary Treasurer appointed by the Committee will act in their place. The Secretary Treasurer will provide or arrange for the provision of orientation and training to Committee members following their appointments relating to the role of the Property Standards Appeal Committee, the Kitchener Municipal Code Chapter 665, and the Building Code Act sections 15, 16 & 18, and related policies and procedures. The Secretary Treasurer will arrange for additional training and educational sessions for the Committee or individual members as required or requested by the Committee or a member of the Committee. The City of Kitchener Legal Staff are available to provide subject matter information related to the Kitchener Municipal Code Chapter 665 and the Building Code Act sections 15, 16 & 18 upon request, should the Committee choose to recess, deliberate and consult a lawyer. 6. Hearings 6.1. Conduct of Hearings The Property Standards Committee shall adhere to City policies and procedures, the Statutory Powers Procedure Act, Municipal Conflict of Interest Act, certain Ontario Building Code and municipal bylaw standards and use the guidance of the Procedural By-law to ensure a fair and unbiased hearing. Where the above noted laws and policies do not speak to an issue, Robert's Rules of Order will be the default guide for meeting procedures. of Page 25 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE The Property Standards Committee shall provide and conduct fair hearings by: • Allowing both the Appellant and Respondents and their witnesses as necessary, speak to an appeal; • Giving due diligence to the consideration of each appeal; • Reviewing the merits of the appeal, the documentation and evidence put forward and, rendering decisions on applications, in accordance with the requirements of the municipal by-law standards. • Making rational decisions with appropriate, well -thought-out conditions; and, ■ Each member including the Chair clearly identifying support or opposition when voting; and, ■ Clearly stating the reasons for their decisions. 6.2. Meeting Schedule and Location The Property Standards Committee shall meet once a month in the Council Chamber unless otherwise advertised, pending receipt of an appeal to an Order to Comply. The Secretary shall prepare a schedule of hearings on an annual basis which will be advertised on the City's website. Generally, the meetings are held on the last Wednesday of the month. The date, time, and location of meetings can be modified at the discretion of the Secretary to the Committee and the Director of Enforcement or designate. Notice of any modified meeting details shall be published on the City's website. 6.3. Notice of Hearing Upon receipt of the `Order to Comply', the property owner must file an appeal using the prescribed Property Standards Notice of Appeal form to Legislated Services within fourteen (14) working days from the date they receive the Order to Comply from the Enforcement Officer. The responding Enforcement Officer and the Director of Enforcement shall be informed of this appeal via email by the Secretary Treasurer. The Secretary Treasurer shall endeavour to schedule a Property Standards Appeal Committee hearing within 45 working days of the Clerk's receipt of the request for an appeal hearing or as soon thereafter as possible. Notice of the Hearing shall be issued a minimum of 14 days prior to the hearing. Notice can be issued less than 14 days prior to the hearing at the discretion of the property owner, Secretary -Treasurer and Director of Enforcement. 6.4. Open Meetings All Property Standards Appeal Committee meetings shall be open to the public in accordance with the City of Kitchener's Procedural By-law and the Municipal Act. After all submissions have been made, the Committee may retire to another 6 of 10 Page 26 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE room to deliberate before rendering its decision as outlined under the Statutory Powers of Procedure Act. 6.5. Quorum Quorum for the Property Standards Appeal Committee is the minimum number of Committee members that must be in attendance to conduct hearings. At the time of this policy, two members shall constitute a quorum. All members are requested to attend every meeting, according to the schedule. Members of Committee shall notify the Secretary -Treasurer when they will be absent from any meeting. 6.6. Voting Every Property Standards Appeal Committee member is required to vote, including the Chair. Those members who are present at a Committee Meeting when a decision is rendered shall vote by show of hands, except where they are disqualified from voting by reason of a pecuniary interest or is absent from the meeting during the vote. Any member who refuses to vote will be recorded as voting in the negative (opposed). In the event of equality of votes, the motion being voted on is deemed to be lost. 6.7. Hearing Procedures Where possible, the hearing procedure should abide by the following: • The Chair shall call the meeting to order; • Adoption of Minutes Previous Hearing; • Committee Members shall declare any pecuniary interests that they may have in applications before the Committee, and the provisions of the Municipal Conflict Interest Act shall apply. o If a conflict of interest is declared, it is suggested that the member leave the meeting room for the duration of the hearing of the application and until a decision is rendered. • Chair welcomes those in attendance and provides and explanation of the procedures: o The City of Kitchener Enforcement Staff and their representatives shall be given the opportunity to present their evidence; o The Appellant and their representatives shall be given the opportunity to present their evidence; o Comments and questions are to be addressed through the Chair; o All those in attendance at the meeting shall be encouraged not to: ■ speak disrespectfully of any person; ■ use offensive words; ■ disobey the decision of the Chair or Committee; and, ■ enter into cross debate with other persons present, City staff, Members, or the Chair. of Page 27 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE o The City of Kitchener Enforcement Staff, Appellant and their representatives shall be given the opportunity to present their evidence. o Members of the Committee may retire, if necessary, to deliberate on the matter before them prior to rendering a decision; o Members will render the decision verbally in the meeting; • In the event the Committee needs more time to consider its decision, the Committee can reserve their decision, whereby the decision would be communicated to staff and the appellant in writing through the issuance of a Notice of Decision. However, if possible, it is preferable for the Committee to render its decision on the date of the hearing while the parties are present. o Adjournment of the meeting. Staff reserve the right to amend hearing procedures as they are administrative in nature and are required to reflect legislative changes. Please see appendix `A', Administrative Hearing Procedures for comprehensive hearing procedures for the Property Standards Appeal Committee. 6.8. Notice of Decision The Secretary Treasurer will endeavor to notify the Appellant, in writing of the Committee's decision within five (5) working days. City of Kitchener Enforcement Staff shall also receive a copy of the decision. The decision of the Committee can be appealed by the City or the Appellant to the Superior Court of Justice within 14 days of the decision being issued. Such an appeal would be heard by a Judge who has the same powers as the Committee in rendering a decision. 7. HISTORY OF POLICY CHANGES None at this time. of Page 28 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE Appendix A Property Standards Appeal Committee Administrative Hearing Procedures Where possible, the Property Standards Appeal Committee hearing procedures will abide by this document. Staff reserve the right to amend hearing procedures as they are administrative in nature and are required to reflect legislative changes. START OF THE MEETING The Chair shall advise: "This meeting of the Property Standards Committee is being called to consider appeals of `Orders to Comply' issued by the City of Kitchener's Enforcement staff pursuant to Chapter 665 of the City of Kitchener Municipal Code, the Building Code Act and the Statutory Powers Procedure Act. " The Chair shall introduce themself, Committee members and the Committee Administrator. The Chair shall advise Committee Members to declare any pecuniary interests that they may have in applications before the Committee, and the provisions of the Municipal Conflict Interest Act shall apply. • If a conflict of interest is declared, the member shall leave the meeting room for the duration of the hearing of the application and until a decision is rendered. In determining whether there is a reasonable apprehension of bias, the Committee member should consider whether a reasonable and informed person, with knowledge of all relevant circumstances, viewing the matter realistically and practically, would think that it is more likely than not that the member, whether consciously or not, would not decide the matter fairly. Where members of the Committee believe they have an actual bias or a reasonable apprehension of bias which could impact their ability to decide fairly on a particular matter before them at a meeting, members should consider taking the steps outlined under "Conflict of Interest." THE APPEAL(S) THAT WILL BE HEARD / INTRODUCTIONS: 1. Appeal #2023-01 - Street address - Officer name - Reason 2. Appeal #2023-02 - Street address - Officer name - Reason of ' Page 29 of 122 Policy No: Policy Title: PROPERTY STANDARDS APPEAL COMMITTEE — TERMS OF REFERENCE THE HEARING PROCESS The Chair shall read the following statement and review the hearing process: "The hearing is a formal process where those giving evidence will be required to make an affirmation as to the validity of their testimony, however, the Committee tries to conduct the hearing in a relaxed fashion." COMMITTEE'S POWERS & ABILITY TO RENDER A DECISION The Chair shall advise that the Committee has the authority to do 1 of 4 things: 1. Confirm (uphold) the Order as it currently stands; 2. Rescind the Order; 3. Modify the Order (e.g. some items may have been completed while others remain outstanding); or, 4. Grant an extension of time to comply with the Order. The Appellant will receive the Committee's decision in writing from the Committee Administrator. PROCESS FOR HANDLING EACH WITNESS: i) The Director/Supervisor of By-law Enforcement will introduce the matter; ii) The Committee Administrator will affirm the witnesses who will then give testimony; iii) The appellant can ask questions regarding the statements made; ■ Note that this is a time to ask questions only iv) The Committee members may ask questions of the City staff; v) The Appellant is then affirmed and gives testimony; vi) City staff can then ask questions regarding the testimony; vii) The Committee members then may ask questions of the appellant; viii) Both sides provide a summation; ix) The parties to the hearing are asked to wait outside the room while the Committee deliberates or, the Committee may retire to a different room; and, x) The Committee may give its decision today, or it will be provided in writing once they have finished deliberating. of Page 30 of 122 Staff Report r NJ :R Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-2345 ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-2345 ext. 7809 WARD(S) INVOLVED: 8, 9, 10 DATE OF REPORT: July 25, 2023 REPORT NO.: COR -2023-332 SUBJECT: Appointments to Business Improvement Areas & Amendment to Establishing By-law RECOMMENDATION: That Council confirm the following appointments to the Belmont Business Improvement Area (BIA) Board of Management for a term to expire on November 14, 2026 or upon appointment of their successors; • George Broughton • Linda Nelson • Margaret Tofflemire • Valeria Rigler • J D Zehr • Noelle English That Council confirm the following appointments to the Downtown Business Improvement Area (BIA) Board of Management for a term to expire on November 14, 2026 or upon appointment of their successors; • Darryl Moore • Phong Tran • Cara Watson • Jessica Toomer • Jordan Dolson • Julie Phillips • Laird Robertson • Martha Wallace • Michael Rederer • Sarah Pearson *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 31 of 122 That Chapter 70 of the Municipal Code be amended to reflect the request of the Downtown Business Improvement Area Board of Management to clarify the number of Directors to be elected, in accordance with the by-law in Appendix B. REPORT HIGHLIGHTS: • The purpose of this report is to confirm board appointments to the Belmont and Downtown BIA Boards of Management, and to approve an amendment to Chapter 70 of the Municipal Code to clarify the number of Director to be elected. • This report supports the delivery of core services. BACKGROUND: The Municipal Act, 2001, (" the Act") governs the process to designate, establish budgets, raise funds, change boundaries and dissolve business improvement areas and their boards of management ("board"). The Belmont BIA was established in 1977 to oversee the improvement, beautification and maintenance of municipally owned land, buildings and structures within its designated boundaries through By-law 77-103, as amended and codified as Chapter 60. The Downtown BIA was established in 1976 to oversee the improvement, beautification and maintenance of municipally owned land, buildings and structures within its designated boundaries through By-law 87-324, and codified as Chapter 70. The Act governs the composition of a BIA board, section 204(3) states that anyone selected by the BIA for the Board must be appointed by the municipality: "Composition (3) A board of management shall be composed of, (a) one or more directors appointed directly by the municipality; and (b) the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality. 2001, c. 25, s. 204 (3)." In accordance with the respective Municipal Code Chapters the term of the appointed members is concurrent with the term of Council that appointed them, provided the members continue to be qualified and members of Council are appointed to serve on the Boards. The November 16, 2022 Striking Committee appointment of the following members of Council to the Boards of Managements was ratified at the Inaugural Meeting of Council held November 21,2022-1 • Downtown Business Improvement Association Appointed - Councillor D. Chapman and Councillor A. Clancy • Belmont Business Improvement Area Board of Directors Appointed - Councillor M. Johnston REPORT: With the 2022 Municipal Election, and respecting section 204(3) the BIAs were required to conduct an election at their annual general meeting (AGM) to appoint new members. The Board of Management of BIAs is entrusted, subject to limitations as the by-laws provide, with the Page 32 of 122 administration of the organization known as the BIA. The election process of BIA Boards of Management is within the control and responsibility of the Board itself. The City of Kitchener does not oversee the election process of BIAs, the ownership of this resides with each individual Board of Directors. Belmont BIA The Belmont BIA held their AGM on November 29, 2022 and the membership of the Belmont BIA elected the following individuals to serve on its' Board of Management for a four-year term (2022 to 2026); • Susan Parks* • George Broughton • Linda Nelson • Margaret Tofflemire • Valeria Rigler • J D Zehr *Susan Parks resigned shortly after the AGM. Due to the vacancy created by the resignation, the Belmont BIA at its' July 25, 2023 Board meeting appointed Noelle English, to fill the vacant Director position in a temporary role until the next AGM. Downtown BIA The Downtown BIA held their AGM on February 7, 2023 and the membership of the Downtown BIA elected the following individuals to serve on its' Board of Management for a four-year term (2022 to 2026); • Darryl Moore • Phong Tran • Cara Watson • Jessica Toomer • Jordan Dolson • Julie Phillips • Laird Robertson • Martha Wallace • Michael Rederer • Sarah Pearson In May 2023, Staff were made aware of the new appointments for Council endorsement. Staff have reached out to both BIAs to build connections and ensure that future appointments are communicated promptly to conform with the Act. In addition, the Downtown BIA Board noted through correspondence received May 12, 2023 (attached as Appendix A) that the Board had undergone a recent review of its' governance structure and practices. As part of that review it was determined that Chapter 70 of the Municipal Code, which designates the Downtown Kitchener BIA and establishes the Board, is silent on the number of Directors the Board is to be comprised of. Chapter 70 also provides that the Board shall include "at least one member of Council". To promote clarity and consistency going forward, the Board has requested that the Code be amended to reflect; Page 33 of 122 - the existing number of elected" Directors as Ten (10); and - that the Councillors whose Wards fall within the Downtown Improvement Area are automatically members of the BIA Board; and - allows the BIA to name "ex -officio" non-voting Directors, as its current practice is to include community stakeholders. The number of Directors elected by the Downtown BIA Board, although varying since creation, has remained constant at 10 over the past several terms. The Executive Director of the Board has indicated there is sufficient interest from the membership to support the request. Similarly, the practice has been to appoint the Councillors whose wards fall within the respective Downtown and Belmont Areas, and logistically the appointment of a member of council from outside the ward may be counter -intuitive to governance and operations. The flexibility of the Board to appoint additional stakeholders that may assist with operations and planning of their activities would also support collaboration and community -building. As such, Staff recommend that to provide the required level of clarity, the by-law be amended and have prepared a draft amending by-law, attached as Appendix B to this report. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — The BIAs provided notice of the required AGM to the stakeholders within their boundaries, and consulted with their membership during the AGM to conduct the appointment and election process undertaken to ratify the members. Economic Development staff that assist and support the BIAs were consulted on the AGM practices, and appointments and draft report. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: General Manager, Corporate Services ATTACHMENTS: Appendix A — Downtown BIA Request Letter to amend Chapter 70 Appendix B — Draft by-law to amend Chapter 70 to clarify the number of Directors to be appointed Page 34 of 122 Appendix A to COR -2023-332 May 12, 2023 SENT VIA EMAIL Attention: City of Kitchener To whom it may concern: Re: Downtown Kitchener BIA — Election of Directors & Appointment by Council The Downtown Kitchener BIA has recently undergone a recent review of its governance structure and practices, and as part of that review it was determined that, under Section 204 of the Municipal Act, 2001, Directors of the BIA who are elected by its members must also be appointed by the City. Earlier this year the BIA held an election where its new Board was elected by its members. We are therefore now asking that the new Board be `appointed' by City, as required under the Act. Enclosed, you will find draft Resolution to this effect that we ask be put before Council_ In addition, it was determined that Chapter 70 of the Municipal Code, which establishes the Downtown Kitchener BIA, is silent on the number of its Directors. Chapter 70 also provides that the Board shall include "at least one member of Council". To promote clarity and consistency going forward, the draft Resolution enclosed also i) Codifies that the existing number of `'elected" Directors as Ten (10): (ii) provides that the Councillors whose Wards fall within the Downtown Improvement Area are automatically members of the BIA Board, and (iii) allows the BIA to name "ex -officio" non-voting Directors, as its current practice is to include community stakeholders (such as member of the WRPS) We are grateful for your attention to this matter, and we would be pleased to answer any questions you may have, or discuss further, at your convenience. Yours truly, KITCHEI ER D(OWNTONYN IMPROVEMENT AREA BOARD qF AN GEMENT Per: _ ''It�'r Lind Jut ec ive Direc Per:iV {�.. Darryl Moore, Board Chair Page 35 of 122 Draft Resolution of Council re: Downtown BIA Board Appointments WHEREAS the City of Kitchener has designated as a Improvement Area under Section 204 of the Municipal Act, 2001, SO 2001, c 25 (the "Act") the area shown in Schedule A to Chapter 70 of the City of Kitchener Municipal Code (the "Municipal Code") as the "Downtown Improvement Area"; AND WHEREAS Section 70.2.2 of the Municipal Code provides that the Downtown Improvement Area Board of Management (the "Downtown Kitchener BIA Board") shall be "as is established from time to time by resolution of Council", and that at least one member shall be a member of Council, and the remaining members shall be members of the Downtown Improvement Area, or their nominees; AND WHEREAS paragraph 204(3)(b) of the Act provides that the remaining directors of an Improvement Area Board of Management are to be selected by a vote of the membership of the improvement area, and appointed by the municipality; AND WHEREAS the existing Downtown Kitchener BIA Board has called for nominees, and having received nominations equal to the number of positions called for, such nominees have been elected by a vote of the membership of the Downtown Improvement Area.- BE rea;BE IT RESOLVED THAT the Downtown Kitchener BIA Board shall, until changed by further resolution of Council, be composed of: Each member of Council, from time to time, in whose Ward the Downtown Improvement Area is located, either in whole or in part, which are at the date of this Resolution Ward 9 and Ward 10; Ten (10) Directors to be selected by a vote of the membership of the Downtown Improvement Area and appointed by Council; and Such ex -officio non-voting directors, as may be approved by the Downtown Improvement Area membership. AND BE IT RESOLVED THAT that the following Ten (10) persons, having been elected by a vote of the membership of the Downtown Improvement Area, are approved by and on behalf of the Citv of Kitchener to serve as Directors on the Downtown Kitchener BIA Board, for the same term as the term of this Council, subject to the provisions of the Act: 1. DARRYL MOORE 2. PHONG TRAN 3. CARA WATSON 4. JESSICA TOOMER 5. JORDAN DOLSON 6_ JULIE PHILLIPS 7_ LAIRD ROBERTSON Page 36 of 122 8. MARTHA WALLACE 9. MICHAEL REDERER 11. SARAH PEARSON Page 37 of 122 Appendix B to COR -2023-332 BY-LAW NUMBER XXXX-XX OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 70 of The City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area) WHEREAS it is deemed expedient to amend Chapter 70 of The City of Kitchener Municipal Code as adopted by By-law 87-294; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Section 70.2.2 of Chapter 70 of the City of Kitchener Municipal Code is hereby deleted and the following substituted therefor, namely: "70.2.2 The composition of the Board shall be ten (10) directors to be selected by a vote of the membership of the Downtown Improvement Area and appointed by Council, the member of Council in whose Ward the Downtown Improvement Area is located, either in whole or in part, and such ex -officio non-voting Directors, as may be approved by the Downtown Improvement Area membership". PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 38 of 122 Staff Report r NJ :R Community Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 WARD(S) INVOLVED: 6 DATE OF REPORT: June 27, 2023 REPORT NO.: CSD -2023-296 SUBJECT: NOISE EXEMPTION - HOLY TRINITY SERBIAN CHURCH — 700 FISCHER HALLMAN ROAD — Sept 2 and 3, 2023 RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for their annual BBQ and Bull Roast to be held on Sept 2 and 3, 2023, between the hours of 11AM and 10 PM. REPORT HIGHLIGHTS: • The purpose of this report is to seek a noise exemption for the Holy Trinity Serbian Orthodox Church which will be hosting their annual BBQ and Bull Roast. • The annual festival will take place on September 2 and 3, 2023 from 1 lam — 10pm. • This report supports the delivery of core services. BACKGROUND: The Holy Trinity Serbian Orthodox Church located at 700 Fischer Hallman Road will be holding their annual BBQ and Bull Roast and are requesting a noise exemption as they have done in previous years. REPORT: The Serbian BBQ and Bull Roast is an annual festival that has taken place for the last several years. The event includes traditional food, Serbian music and folklore dancing outdoors. Staff report that no complaints were received during the festival last year. Church representatives have worked to address concerns about noise which were previously raised by nearby residents and for the past several years have been distributing a notice to the adjacent residential neighbourhood, which advises of the event. Church representatives will be delivering notices again this year, it is their desire to engage the neighbourhood to participate in the festival. Attached is a copy of the information they intend to distribute throughout the neighbourhood this year. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 39 of 122 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The event organizers will be communicating the event to the community in advance of the event. APPROVED BY: Michael May, DCAO ATTACHMENTS: Attachment A — Event notice for surrounding residents Page 40 of 122 SERBIAN ORTHODOX CHURCH HOLY TRINITY DIOCESE OF CANADA 6 700 Fischer Hallman Rd Kitchener, ON N2E 1 L7 519-570-1230 June 30, 2023 Dear Neighbours, The Church Board is writing on behalf of the Holy Trinity Serbian Orthodox Church Community to invite you to our annual Church BBQ and Bull Roast which will take place this summer. The Church is planning its annual event on September 2nd and 3rd 2023. This is an outdoor event which will run from 11:OOam to 10:00pm. We have been in contact with the City of Kitchener and will make efforts mitigate the noise as much as possible. This event includes traditional Serbian music, dance and food. We will be selling food such as spit roasted bull, pig and lamb as well as some desserts. There will also be refreshments and games for all ages. We are thankful for your ongoing support of our Church and the events that we run. Please join us this September food and fun! Gratefully yours, Holy Trinity Serbian Orthodox Church Page 41 of 122 J Staff ReportK!�CR Community Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 WARD(S) INVOLVED: 10 DATE OF REPORT: July 17, 2023 REPORT NO.: CSD -2023-297 SUBJECT: Noise Exemption — The Falls Road Pub - 296 Victoria St N RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Falls Road Pub for their end of season Bike Night, being held at 296 Victoria St North on September 19, 2023, as outlined in CSD -2023-297. REPORT HIGHLIGHTS: • The Falls View Pub is requesting a noise exemption for their end of season Bike Night. • Event will include a live performance on the patio. • Event will take place on September 19, 2023 from 5pm to 10pm. BACKGROUND: The Falls Road Pub is planning their end of season Bike Night at 296 Victoria St N and are requesting a noise exemption. REPORT: The end of season Bike Night will be held on September 19th, 2023 between 5pm and 10pm and will take place rain or shine. The same event was successfully held last year with no noise complaints received by staff. The entertainment will consist of live music performed on the outdoor patio by a duo with amplified sound. The management staff at The Falls Road Pub will be available to respond to and mitigate any noise complaints that may be received. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 42 of 122 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: COMMUNITY ENGAGEMENT: This report has been posted to the City's website with the agenda in advance of the council /committee meeting. ACKNOWLEDGED BY: Michael May, DCAO Page 43 of 122 Staff Report Community Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 WARD(S) INVOLVED: All DATE OF REPORT: June 26, 2023 REPORT NO.: CSD -2023-169 SUBJECT: NOISE EXEMPTION — K -W OKTOBERFEST INC — VARIOUS LOCATIONS — SEPTEMBER 22 THROUGH OCTOBER 14, 2023 RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K -W Oktoberfest Inc. for a series of events being held at various clubs between September 22 through October 14, 2023, as outlined in the letter from K -W Oktoberfest Inc., dated May 16, 2023 attached to Report CSD -2023-169 REPORT HIGHLIGHTS: • The purpose of this report is to seek a blanket noise exemption for K -W Oktoberfest which will be held at various club locations throughout the city. • Oktoberfest celebrations will take place over a two-week span from September 22 thru October 14, 2023 • This report supports the delivery of core services. BACKGROUND: K -W Oktoberfest Inc. is requesting an exemption to Chapter 450 (Noise) of the City's Municipal Code for a series of Oktoberfest events being held during the 2023 Oktoberfest festivities. A copy of their request is attached. REPORT: The number of noise complaints relating to these events over the past several years has been minimal. Typically, there appears to be a large degree of acceptance by City residents to these events, given their vast popularity and broad community benefits. The level of cooperation that staff has received from event organizers has been positive. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: N/A *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 44 of 122 COMMUNITY ENGAGEMENT: Oktoberfest events are widely advertised throughout the entire community. APPROVED BY: MICHAEL MAY, DCAO ATTACHMENTS: Attachment A — Request Letter from K -W Oktoberfest INC. Page 45 of 122 17 Benton Street, Kitchener, ON N2G 3G9 Tel (519) 570-4267 Fax (519) 742-3072 info@oktoberfest.ca www.oktoberfest.ca City of Kitchener PO Box 1118, 200 King Street West Kitchener, ON N2G 4G7 ATTENTION: Gloria MacNeil, Director of Enforcement SUBJECT: Blanket Noise By -Law Exemption ilKruRERFEST. TCHENER • WATERLOO Canada's Greatest Bavarian Festival May 16, 2023 As per our request of the 2022 Festival, we are herewith requesting a blanket exemption from the Municipal By Law governing noise for the duration of K -W Oktoberfest which officially runs from September 22 to October 14, 2023. K -W Oktoberfest has been designated an event of "municipal significance" and as such would respectfully request a little latitude in the enforcement of municipal law on certain days involving a limited number of festival facilities. This is our best guess at what the schedule may look like for this upcoming Festival: Alpine Club (Habsburg Haus), 464 Maple Avenue Sept. 29, 30, Oct 1, 6, 7, 8, 13, 14 Bingemans, 425 Bingemans Centre Drive Sept. 22, 23, 29, 30, Oct 6, 7 Concordia Club, 429 Ottawa St. Oct. 6, 7, 8, 9, 11, 12, 13.14 Tent & Indoor Schwaben Club, 50 Scheifele Place Sept. 29, 30, Oct 1, 6, 7, 8, 13, 14 Willkommen Platz Euro Pro Biergarten October 5, 6, 7, and 8 Tent & Outdoor We trust that this request will meet with the approval of the Council of the City of Kitchener and that we will be advised of this consideration accordingly. Respectfully, K -W OKTOBERFEST INC. Alfred Lowrick Executive Director Page 46 of 122 'Staff Report 1�, R Community Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 WARD(S) INVOLVED: 1 DATE OF REPORT: July 25, 2023 REPORT NO.: CSD -2023-333 SUBJECT: Noise Exemption — Burning House Music Festival — Bingemans — September 16, 2023 RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sigma Chi Fraternity for Burning House Music Festival event being held at 425 Bingeman Centre Drive on September 16, 2023 from 4pm — 11pm, as outlined in CSD - 2023 -333. This exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from the music events, audible in any adjacent residential neighbourhood. The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event(s); b) The event organizer will be responsible for the cost of a pay -duty Noise Officer, to be assigned specifically to these event(s); c) The event organizers agree to respond accordingly to requests from City staff, during the event(s), in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; and d) The maximum decibel level (dba) audible from a residential area shall not exceed 55 dba. e) All events must end no later than 11 pm. REPORT HIGHLIGHTS: • The Sigma Chi Fraternity will be hosting Burning House Music Festival at Bingemans, to welcome back students. • The event will include amplified music or sound. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 47 of 122 BACKGROUND: The Sigma Chi Fraternity at Wilfred Laurier University will be hosting Burning House Music Festival at Bingemans on Saturday September 16th, 2023 from 4pm to 11 pm. REPORT: This event is organized by students, for students in the Kitchener -Waterloo area, as a way to welcome students back as they return from summer vacations and to help foster a sense of community while creating lasting memories. The event will be showcasing local artists in an effort to promote the music production scene in KW and will include several DJ's mixing songs with a variety of music including house, dance, EDM and pop remixes. The music festival will take place in the event square at Bingemans which is located directly behind Boston Pizza, anticipated attendance is 1000 — 2000 students. The event organizers will be on site and will work with staff to respond accordingly to any complaints or requests related to noise concerns in adjacent residential neighbourhoods. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The event organizer is responsible for ensuring that this event is communicated throughout the community in advance of the event. APPROVED BY: Michael May, Deputy CAO, Community Services Department Page 48 of 122 Staff Report Chief Administrator's Office REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Dan Chapman, CAO, 519-741-2200 ext. 7350 r NJ :R www.kitchener.ca PREPARED BY: Angie Fritz -Walters, Engagement and Program Manager, Strategic Plan, 519-741-2200 ext. 7058 WARD(S) INVOLVED: All Ward(s) DATE OF REPORT: July 27, 2023 REPORT NO.: CAO -2023-336 SUBJECT: 2023-2026 Strategic Plan Development - Plan WITH Us Resident Panel Final Report RECOMMENDATION: For Information REPORT HIGHLIGHTS: • The purpose of this report is for the Plan WITH Us Resident Panel to provide a summary of their involvement in the development of the 2023-2026 Strategic Plan, and share their report and recommendations. • The key finding of this report is that the Resident Panel has successfully used a deliberative approach to co -create a Strategic Plan that is reflective of resident priorities, and that members are motivated to continue to work with staff to implement. • There are no financial implications in this report. • The Resident Panel is a new form of community engagement for the Strategic Plan, using a deliberative approach to involving residents in a deeper way in decisions that affect them. • This report supports the development of the Strategic Plan. BACKGROUND: The Plan WITH Us Resident Panel was an innovation in the development of the City's 2023- 2026 Strategic Plan, by shifting participation beyond traditional consultation, toward a more deliberative approach to strengthen trust and confidence, expand resident representation and involvement, and provide informed recommendations on draft Strategic Plan content based on consensus. REPORT: The final report attached to this staff report was written by members of Kitchener's Plan WITH Us Resident Panel, and includes an overview of the purpose, composition and process that the Resident Panel participated in to support development of the City of Kitchener 2023-2026 Strategic Plan. The Panel's report also describes the experience of participating on the Panel, and recommendations for the future. This report is part of a commitment to a transparent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 49 of 122 process, providing an open, honest reflection on the public participation in the development of the Strategic Plan. STRATEGIC PLAN ALIGNMENT: This work of the Plan WITH Us Resident Panel was a key input into development of the 2023- 2026 Strategic Plan. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: COLLABORATE AND ENTRUST — This report includes input from broad, diverse, consultive and deliberative community engagement to support and inform the creation of Kitchener's 2023- 2026 Strategic Plan. The Resident Panel was entrusted to write their own report and recommendations for council's consideration. INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: CAO -2022-160 Preparing for the 2023-2026 Strategic Plan CAO -2022-198 Results of Environics 2022 Survey of Kitchener Residents CAO -2022-413 Strategic Foresight and Community Engagement Update CAO -2023-047 Compass Kitchener Advisory Committee Community Priorities CAO -2023-081 Prioritizing Strategic Goal Areas CAO -2023-217 20 -Year Vision. Kev Priorities and Approach to Action Planninc APPROVED BY: Dan Chapman, CAO ATTACHMENTS: Attachment A — Plan WITH Us Resident Panel Report to Council Page 50 of 122 Plan WITH Us Resident Panel Report to Council INTRODUCTION What do a high school student, a realtor, a computer science grad, a pastoral associate, a newly minted Canadian, and a community health worker have in common? Well, if they are on the Plan WITH Us Resident Panel, they live in Kitchener, they love living in Kitchener, and they want Kitchener to be an even better place to live. This Panel was an adventure, where a disparate group of individuals came together with common cause to tackle one of the Big Questions we all face: Where are we going? Purpose of the Report This report provides an overview of the purpose, composition and process that the City of Kitchener's Plan WITH Us Resident Panel participated in to support the development of the 2023-2026 Strategic Plan. It also describes the experience of participating on the Panel, and recommendations for the future. This report was written by members of the Resident Panel, and is part of our commitment to a transparent process - an open and honest reflection on the public participation in the development of the Strategic Plan. BACKGROUND Deliberative Democracy and How It Is Different Leaders in public participation are shifting the ways some governments make difficult decisions. Encouraging new ways of thinking beyond traditional consultation, to include more deliberative approaches that strengthen trust and confidence and expand resident involvement in building their communities. Consultation: Municipalities hold public meetings, distribute surveys, and host different kinds of workshops to allow decision -makers to hear directly from the people they represent, or from specific individuals, groups, and organizations that may be impacted by their decisions. Deliberation: Is a process designed to determine what a group of people can agree to, rather than what as individuals they might like or want. This process produces a set of well-informed recommendations that can form the basis of future policy decisions, rather than generating a list of top -of -mind opinions. Deliberation is useful for tackling complex or controversial issues and empowering a group of citizen representatives to weigh different factors, exercising good judgment, and proposing a solution. Page 51 of 122 How is the Resident Panel different from a focus group? Here are six features that distinguish this process: 1. Duration: Panelists invested at least 25 or more hours into serving on the Panel, including five in-person workshops 2. Learning: Panelists spent several hours of their time at home reading provided material, learning about the topics, and preparing for the workshops 3. Public service: Panelists were tasked with understanding and speaking for the needs of their community, even when they differed from their own concerns or preferences 4. Consensus: Panelists worked to reach consensus through dialogue on a series of detailed recommendations that were shared with staff after each workshop 5. Public results: The Panel's final report is being shared widely to build a public understanding of the panelists' recommendations and participation in the process 6. Representation: By using a process to randomly select a cross-section of the community that mirrors the demographics of the City to sit as Resident Panel members, the panelists' recommendations are more representative of the broader public The Plan WITH Us Resident Panel A recruitment process was conducted in the Fall of 2022, with a desire to recruit a diverse group of residents to participate as volunteers on the Resident Panel. A total of 168 applications were received following broad outreach to the community through social media, local newspaper, and direct emails to networks of community partners. Forty residents were then randomly selected based on demographic criteria that included ward representation, age, gender, representation of marginalized groups etc. Studies have shown that a group of this size can be considered representative of the broader community for the purposes of a Resident Panel. Initially, some members had a perception that the Resident Panel would be a place for them to focus on expressing their own individual needs and desires, and not so focussed on working with others to come up with a collective response to the strategic plan. Setting the tone at the first meeting was critical to the success of the process. Making it clear that the purpose of the resident panel was to collaborate and engage on the strategic plan and work with City staff on this, allowed those who were not interested in that to drop out. Those who remained were committed to the process and the outcomes. Resident Panelists had a unique opportunity to see and experience what City staff and Council do when they develop and consider the strategic plan. In the past, the public was consulted on their priorities, and the rest of the work to build the plan was done in the background by staff, and then presented to council for their approval. This time, panelists learned about the issues, saw the results of the public consultation, and made recommendations that were considered as the plan is being created. Page 52 of 122 Roles of Key Stakeholder Groups Approval o' Strategic PI iblic Engagement lalysis immunity Priorities • organizational Perspective • Analysis & Strategic Foresight • Draft Strategic Plan immunity rspective lalysis -edback and =commendations The Resident Panel is one of several Key Stakeholder Groups in the Strategic Planning Process. Compass Kitchener leads the Public Engagement process, including extensive engagement with the public, Advisory Committees, and hosts the Resident Panel. Compass Kitchener Analyses these inputs and defines the Community Priorities. Staff bring an Organizational Perspective to the process. They analyse many inputs including the current state of the City, conduct Strategic Foresight, and draft the Strategic Plan. The Resident Panel brings a broad and diverse Community Perspective. They Analyse the work that Staff have done, and provide recommendations to staff and City Council. Council receives the input of each of these groups, and approves the Final Strategic Plan. RESIDENT PANEL PROCESS The Resident Panel was designed to provide broad and diverse community input as the Strategic Plan components were being developed to ensure staff were getting it right along the way. During each workshop staff would "show their work" and explain their decision making to Panelists, who would then provide feedback and recommendations at key milestones in the process. The recommendations were incorporated into the work, and influenced the next stage of the Strategic Planning Process. The chart below shows how each of the workshops aligned and were incorporated into the final stages of the Strategic Plan. Page 53 of 122 Prior to the start of the Resident Panel, a great deal of work was done to design the Strategic Planning Process, Implement a Staff Working Group, Conduct Extensive Public Engagement, Conduct a Current State Analysis, Conduct Strategic Foresight, Thrs information was shared with the Resident Panel, and was the starting point for their role. Workshop Date objectives Final Stages of the Strategic Planning Process Orrentation to Resident Panel, Strategic Plan n'rg Overview, Results at Planning to Date, 1 30 -Nov -22 Understanding Community Priorities ANALYSE COMMUNITY PRIORITIES&FORESIGHT Review and Understand 20 Potential Strategic Goal Areas, Review Staff's Recommended Strategre Goal 2 25 -Jan -23 Areas and Principles, Provide Recommendations DEFINE STRATEGIC GOAL AREAS What Happened with the Feedback, the Budget and the Strategic Plan Learning, Review and Understand Strategic Goal Statements and Key Areas, Provide 3 1 -Mar -23 Recommendations IDENTIFY AND PRIORITIZE KEY AREAS What Happened with the Feedback, Housing and Urban Growth Learning, Review and Understand Outcomes Developed by Staff, Provide 4 12 -Apr -23 Recommendations IDENTIFY POTENTIAL OUTCOMES What Happened with the Feedback, Action Seleetron Process Explained, Review and Understand Proposed Actions, Provide S 31 -May -23 Recommendations IDENTIFY AND PRIORITIZE ACTIONS After the Completion of the Resident Panel, Staff will Present a Draft Strategic Plan to City Council for their C©nsrderatron. Once approved, Compass Kitchener Advisory Committee will work with Staff to develop Indicators that measure the City's progress on the Strategic Goals. How the Resident Panel Functioned A key function of the Resident Panel was to share different opinions, and learn from other people's perspectives. Doing so in a respectful way was supported by developing shared principles for how we work together, getting to know each other over a shared meal during each workshop, skilled facilitation and the thoughtful participation of Panelists. Each of the five workshops were four hours in length, and required Panelists to prepare in advance by reading a package of material designed to provide background information on the topics to be discussed in the session. The packages included videos to watch, charts with detailed information, articles to read etc. to ensure the majority of the time in session could be focussed on discussion and consensus building. The length of sessions and adding a fifth session was necessary to fully complete the process. Members engaged willingly in another session because their input was valued. Time invested is important to the quality of outcomes. Each session included small group discussions with a staff facilitator. Feedback following Workshop 2 resulted in additional staff participation to take notes at each table, ensuring notes were captured accurately and voting was accurate. This change was an early example of staff's openness to make changes as requested right away, and not waiting for the end of the process. Having staff engage at the tables at the same level with Panelists was very beneficial, balanced and equal. The interactions were less about power and more about collaboration and active listening. We felt the staff were genuinely invested in the process and that their participation didn't feel like lip service. We all wanted to achieve a genuine collaborative outcome. Staff were also able to speak to each other. For us, having representation from different areas of the City was helpful. City staff even expressed the positive nature of the experience for them Page 54 of 122 in breaking down silos across departments. Not all staff had the same knowledge or experience — they learned more about each other and their roles, and we learned more about them. Panelists shared their individual thoughts on each topic area, and a summary of those ideas were shared with the large group. As a first step, table -level consensus was reached, followed by group -wide consensus using the following tool: Endorsement Agreement Stand Aside Formal Ilike itand with reservations '°Idon't like this, but disagreement 1 am ready to "I can live with it" I don't want to hold I can't live with it move forward" up the group" and I am not ready to move forward" The consensus model was foundational to the success of the Panel. Working toward consensus really influenced how the Resident Panel feedback was developed — having a way to share different perspectives and to respectfully disagree with each other. Challenging issues that were difficult to resolve were worked through using the model and helped the Panel keep interactions constructive and not personal. The consensus model challenges people to formulate full thoughts around their point of view and ideas, which in turn creates better understanding by group members of individual perspectives and to openly consider them. The Panel represented very broad perspectives and different opinions, thanks to the diversity of the selection process from the outset. Sometimes seeing other points of view meant getting past our own perspectives to better consider others points of view and what is best for all. At the completion of each workshop, the full list of recommendations (reached by consensus) was shared with the Staff Working Group and the Corporate Leadership Team. The recommendations were incorporated into the next phase of the Strategic Planning process, and a member of the Corporate Leadership Team attended the next workshop to report back on how the input was used. An example of how this process worked: The workshop began with a list of priorities for the strategic plan suggested by city staff, 20 in all, including among others civic engagement, housing, climate adaptation and mitigation, non- profit health, employment etc. After careful consideration, the 20 suggested Key areas were grouped into 5: Belonging and Participation Housing, land use and mobility Environment and climate action Economic prosperity and opportunity Page 55 of 122 Good Government And under each of these areas were three to four key areas for strategic action to happen over the next 4 years. The resident panelists had a lot to share and say about each area and how to incorporate what was felt to be the best goals in each of them. Some examples of feedback that the Panel shared that was incorporated into the draft strategic plan included: • Identified language that was "intimidating" and needed to be more accessible • Request for a greater focus on small businesses and support for industries beyond technology • Empower, support and develop staff to work cohesively together (not siloed) to fulfill the organization's community -building purpose. • Encouraged a "Let's Talk Together" approach to working with residents - get away from the Us and Them — we're all part of the solution — together we can solve the issue Over time, the process of planning together became easier. Roles became more clear, trust developed between Panelists and each other, consensus was arrived at more quickly, and a growing appreciation for differences of opinion grew. A Panelist described it as disagreeing about ideas, while respecting each other as people. It also took time to build trust in staff and the process and see that input was being incorporated by staff in a meaningful way. A Panelist described being even more motivated to continue to provide input after staff "scrapped language that didn't make sense to us and went back to the drawing board." Process Related Recommendations • Future Resident Panels need a better room for community meetings like this — the rotunda, while beautiful, isn't the best place for group discussions. • Give people options to participate in person and virtually — hybrid, etc. • The separate page on Engage Kitchener was helpful for sharing documents, asking questions and engaging between meetings. Promote this usage. • Drop-off of participation should be evaluated. Perhaps there should be more time invested in the screening of volunteers. Share in advance the expectations for participation, to help them understand what they were getting into. They need to know that this is a collaborative exercise, "not a soap box." • We have to make a greater effort to communicate with people who don't have English as a first language to encourage them to participate. We need to develop advocates or ambassadors within their communities who can share the messages with them in their own language. IMPACT OF THE RESIDENT PANEL'S PARTICIPATION IN STRATEGIC PLANNING How our perceptions and understanding of the City and planning processes evolved Page 56 of 122 Some people don't realize how hard it is to run a city – the trade-offs, planning for the future, different opinions, etc. is a lot to consider. More of that dialogue supported us at every level to build understanding. For some of us, it might have also been a first-time awareness on the limitations the City has with regard to some critical areas of planning, such as housing affordability and environmental/sustainability, that the Province sets the limits in many of those areas, and that the City, in some cases, can only play an advocacy role in the process. It is generally felt that we expanded our understanding of how the City works and the challenges and nuances to consider in strategic planning for a large and diverse population. How we felt about our involvement and contribution to this deliberative engagement approach We were engaged. We braved snowstorms, slick roads and COVID to participate, coming by foot, transit, personal motor vehicle, bicycle and mobility scooter. If it was nearly impossible to meet in-person, we participated remotely. There was that much commitment. This was an opportunity like we had never imagined. We were humbled and galvanized to participate, to share our experiences and learn from the experiences of others. The Resident Panel is a tool that could help increase communication with the community in the future. Should this approach be limited to "big picture" items, or could it be used on smaller scale projects, to bring passionate people together to build understanding on issues? This would appear to be a scalable process. Building relationships with people and understanding them is important. People's opinions of you change when you get to know them, which helps break down barriers and find common ground. Ongoing dialogue is important – that is what makes a difference — getting beyond episodic interactions that are often negative. Working together on something creates a community bond. It was a great experience to adjust and expand our perspective based on the contributions of others. We became focused on the benefits and the outcomes. None of this would have been possible without the listening, sharing ideas, and deliberation. This was a venture into authentic engagement, and we learned that making the effort to connect with people on a personal level will move the needle, not just check a box. Recommendations to Council ... The methodology that created this diverse Residents Panel is worth using again. Because we were engaged with the big questions, we worked to overcome points of disagreement, and weren't focused on our differences as people. This was a project with defined time limits that gave us motivation to complete it, to engage with one another on important issues. This format for engagement might be a way to make the most of the current volunteer trends where people tend to not commit for long-term roles but want to still have a meaningful impact. Page 57 of 122 The majority of people who participated in the Resident Panel were not known to council. This was not a group of "the usual suspects." We had not stepped up before, but now we have. We have all come out of this with a better idea of how the City is run — a major opportunity for the City to take advantage of in the future. Could Resident Panel members become ambassadors for their communities to connect with the City? Now that we have developed the trust that our opinions are respected, can we buddy up with staff support to offer experience and voices to our peers in the community? And the process showed how people with diverse opinions and experiences can contribute and speak up in a respectful way. Keep us engaged. ... and Recommendations to Kitchener Citizens Have a different mindset — as a resident of Kitchener, we are responsible for participating in decision-making and moving us forward. It only works if we all participate. Every contribution matters. Stay connected with what is happening in our City, and participate in any way that you can. We need to get the message out about this process to the media and the broader community. We need to share these positive experiences in a variety of ways because everyone receives information differently. What we accomplished needs to be shared. In the words of one panelist: "I spoke up and it made a difference." A Message From Staff As a City of Kitcheer employee who has worked with the community for over 20 years, I never questioned the value in including residents in the Strategic Planning Process. I have worked with many passionate community members who make a difference in this community every day. But even for me, the Resident Panel was different. Representation - selecting volunteers randomly to mirror the demographics of the community was exciting. We often hear from the same people when we engage with residents, this group was composed of almost entirely new voices. It is also the most diverse group of residents we have ever assembled. Not surprisingly, it produced a wide variety of opinions - just like those in our community. Showing Our Work - Sharing work with residents that was incomplete, and still in development for their feedback required vulnerability. They sometimes told us they didn't like what we presented. They sometimes told us our language didn't make sense to them. It also allowed us to test ideas that we were unsure about with a group of residents who were well informed and representative of the community. They encouraged us to be bolder than we might otherwise have been without their input along the way. Page 58 of 122 Quality Input - In addition to telling us what they liked and didn't like, Panelists provided us with key input that influenced our thinking, and improved the plan significantly. Some examples include their suggestion that we be more flexible in our Strategic Plan - encouraging us to "Swerve within our lane" and be open to changing or adding actions throughout the four years of the plan based on changing circumstances that are not currently known. They clearly supported including a Goal Area focused on the City's internal capacity to improve core service and advance the other Strategic Goal Areas. They also showed great insight into the interconnected nature of the Goal Areas and Actions - sharing that this should be presented in a way that highlights the positive relationships between actions and how selecting some actions to invest in can produce multiple benefits for the community. Shared Learning - We knew going into the Resident Panel process that staff would learn a lot from Residents' perspectives. We hoped to provide learning opportunities for residents as well, when we shared information with them on how the City works. What we didn't fully appreciate was the amount of learning they would get from each other. Building consensus requires a considerable effort to understand and appreciate the viewpoints of others. This focused effort to understand, resulted in a strong bond between Panelists and a shared respect - regardless of their differences of opinion. There is a strong message here for communities that can be polarized around issues sometimes. Trust and Respect - By "pulling back the curtain" and involving residents in an open and transparent way in the strategic planning process, trust and respect was built between Panelists and staff. One Panelist said "I have a whole new respect for the staff who work at the City, the work that they do for our City." Many Panelists have offered to continue to be involved and work with staff on behalf of the community after seeing what is possible when we work together. The 2023-2026 Strategic Plan will be transformational for our community, and I couldn't be more grateful for the contributions of the Resident Panel. You have truly made a difference, and I am excited to move forward together over the next 4 years. Angie Fritz -Walters Engagement and Program Manager, Strategic Plan Page 59 of 122 Staff Report Chief Administrator's Office REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Dan Chapman, CAO, 519-741-2200 ext. 7350 www.kitchener.ca PREPARED BY: Angie Fritz -Walters, Strategic Plan Engagement and Program Manager, 519-741-2200 ext. 7059 Kathryn Dever, Director, Strategyand Corporate Performance, 519-741-2200 ext. 7370 WARD(S) INVOLVED: All Wards DATE OF REPORT: July 27, 2023 REPORT NO.: CAO -2023-337 SUBJECT: 2023-2026 Strategic Plan Development— Proposed Strategic Plan Content RECOMMENDATION: That the initial set of Actions for the City of Kitchener 2023-2026 Strategic Plan as contained in Appendix C to report CAO 2023-337 be approved. REPORT HIGHLIGHTS: • This report provides Council with the proposed content for the City's 2023-2026 Strategic Plan, including an initial set of Actions, and a refined 20 -year Vision story. • Staff and the Compass Kitchener advisory committee implemented meaningful, inclusive, and deliberative community engagement to inform the Strategic Plan, including the Plan WITH Us Resident Panel. • There are no financial implications associated with this staff report. BACKGROUND: The City's Strategic Plan sets priorities and a plan for action to guide progress and resourcing over the term of Council towards our long-term community vision. It represents a commitment to the public to move forward on the things that are most important to them. This report represents the final in a series of engagements with Council and focuses on an initial set of Actions to address key needs and opportunities expressed through extensive community engagement and prior strategic discussions with Council. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 60 of 122 REPORT: The Strategic Planning process has included a variety of inputs from a number of groups, including Compass Kitchener, staff and the Resident Panel. Staff have engaged with Council over the past 18 months at a series of six strategy sessions. Council's deliberation and direction throughout the process has been summarized in Appendix A. Based on Council direction at its May strategy session, staff undertook the following: • Refined the 20 -year Vision story (Appendix B) to increase focus on areas where the City can have the greatest impact on community priorities. • Developed an initial set of Actions for the 2023-2026 Strategic Plan, to enable progress on key Council and community priorities, needs and opportunities. • Organized the Goal Areas and statements to indicate Actions underway already supporting the priorities, new ones planned, and internal -facing ones. The Strategic Plan content in this final report has broad community support demonstrated through extensive engagement, and reflects Council's priorities identified through previous discussions. Proposed 2023-2026 Strategic Plan Actions At previous strategic sessions, Council supported the 5 Strategic Goal Areas. Council also supported adopting an adaptive approach to set an initial set of Actions the City will commit to. An adaptive approach will allow Council to adjust resources to respond to emerging needs and opportunities within the 4 -year timeframe. The initial Actions proposed for years 1 and 2 of the Strategic Plan, subject to Budget approval, are outlined below for each 2023-2026 Strategic Goal Area. Refer to Appendix C for Goal Area Statements and details for each Action. Building a Connected City Together: • Housing For All Implementation • Localized Transportation Safety Improvement Program • City-wide Active Transportation Routes • Official Plan Comprehensive Update Cultivating a Green City Together: • Corporate Climate Action Plan 2.0 • Clean Energy Transition Strategy • District Energy Business Case • Green Development Standards • Implement tree canopy target plan • Implementing actions from Parks master plan • Parkland Acquisition Strategy • Grand River Park Strategy Creating an Economically -Thriving City Together: • Accelerate Commercial Business Approvals • Implement Health/Medical Technology Innovation Campus Page 61 of 122 • Creative Industries School • Strategy for Events and Festivals • Entertainment Venue Management • Implement Arts and Culture Master Plan Fostering a Caring City Together: • Advance Truth and Reconciliation • Municipal Newcomers Strategy • Enhance City's Engagement Practices • Community Centre Operating Model • City -Led Recreation & Leisure program review • Leisure Facilities Master Plan Update • Community Grants Review Stewarding a Better City Together: • Digital Kitchener Strategy • Implement City-wide Data Strategy • Strengthen employer identity/value proposition • Support a Psychologically Safe Workplace • Procurement innovation Implementation of these initial Actions will take place through the annual Business Plan, with any required resource requests brought to Council through the annual Budget process. In support of the adaptive approach supported by Council, staff will assess progress made, emerging needs and opportunities, and bring forward adjustments with associated Budget implications to Council within the 4 -year Strategic Plan timeframe. Community Input on Draft Strategic Plan and Actions Public engagement has far exceeded that of any previous strategic planning processes. A final round of consultation in June and July focused on the Strategic Goal Areas and Actions, with an opportunity for the community to share feedback through a survey on the Engage Kitchener page from June 28 -July 16, 2023. The survey was promoted through outreach with community partners and contacts, as well as the City's social media channels. The findings from the consultation indicate broad support for the proposed Strategic Plan Goals and Actions. A detailed report of survey input is included in Appendix D, with key highlights below from the 184 responses received: • Over 75% agree or strongly agree that the goals and actions will help our city change in the right direction. • Actions that support housing affordability remain a key priority, with many comments indicating implementation of the Housing for All actions are important to them. • There is strong support for climate action, including active transportation and improving the tree canopy. Several comments suggested the City could be even more bold and/or quicker to act in these areas. • Those who indicate that they do not agree with the direction in the draft strategic goals and actions cite concerns with the concept of a 15 -minute City, a "woke agenda" and do not support climate action as a priority. Page 62 of 122 • There is a higher level of support for the Goals and Actions from those under 40 years of age and those identifying as a member of one of the following groups: person with a disability; member of a racialized group; immigrant or refugee; 2LGBTQ+; or First Nations, Inuit or Metis. Final Steps in the Strategic Planning Process: • Content refinement from today's discussion as required • Final Council approval (August 28, 2023) • Indicators / evaluation criteria development by staff and Compass Kitchener (fall 2023) • Strategic Plan launch and communications (fall 2023) STRATEGIC PLAN ALIGNMENT: This report supports the development of the 2023-2026 City of Kitchener Strategic Plan. FINANCIAL IMPLICATIONS: Capital/Operating Budget — Strategic Actions which require funding will be brought forward to Council through the annual Budget process and reflected in the annual Business Plan. COMMUNITY ENGAGEMENT: CONSULT AND COLLABORATE — This report includes input from broad and diverse community engagement to support and inform the creation of Kitchener's 2023-2026 Strategic Plan. INFORM — This report has been posted to the City's website with the agenda in advance of the council /committee meeting. PREVIOUS REPORTS/AUTHORITIES: CAO -2022-160 Preparing for the 2023-2026 Strategic Plan CAO -2022-198 Results of Environics 2022 Survey of Kitchener Residents CAO -2022-413 Strategic Foresight and Community Engagement Update CAO -2023-047 Compass Kitchener Advisory Committee Community Priorities CAO -2023-081 Prioritizing Strategic Goal Areas CAO -2023-217 20 -Year Vision, Key Priorities and Approach to Action Planning APPROVED BY: Dan Chapman, CAO ATTACHMENTS: Appendix A — Summary of Council Input into the 2023-2026 Strategic Plan Appendix B — 20 -year Vision Statement and Story for Kitchener (Refined) Appendix C — 2023-2026 Strategic Plan — Proposed Initial Strategic Actions Appendix D — Community Engagement Survey Responses on Draft Strategic Plan Page 63 of 122 Appendix A: Summary of Council Input into the 2023-2026 Strategic Plan At the March 2022 discussion about the overall strategic planning approach, Council advised on two key items as important to include in preparing the strategic plan and related community engagement: • Include a focus on core City services: An overview of services the City of Kitchener is responsible was incorporated in online and in-person engagement tactics. Educational components have been included in each of the Engage page ideas boards to provide context for residents when they respond with their ideas. Context about the City's responsibilities was included as context for the Neighbourhood Conversations sessions. The `We Are Kitchener' campaign launched in 2022 is continuing, with social media and physical banners and signage throughout the community building awareness of key City services in an engaging way. • Apply broad/open approaches and engage through different means: A broad variety of online and in-person means were used to engage residents, with a focus on open- ended questions, exploratory discussions/exercises, use of new tools within the Engage online platform, and a staff street team doing pop-up engagements at more community locations and events than previous strategic planning cycles. During the May 2022 review of the Environics survey results Council requested staff ensure the following through the next phases of community engagement: • Seek a broad range of voices and equity deserving groups: Engagement reached a broader diversity of Kitchener residents, provided a variety of ways for people to participate in-person and online, maximized community connections to encourage participation from equity deserving groups; the current Resident Panel was selected to mirror the demographic diversity of Kitchener. • Learn more about satisfaction with City services, public engagement processes, sustainability, housing affordability and recreation programs: These topics were all included as key topics in the engagement. Exploring willingness to pay more for services / satisfaction with value for tax dollars formed part of engagement later this year to support the 2023 Budget. In the August 2022 discussion on broad community engagement efforts underway, and key trends shaping Kitchener's future from a horizon scan summary as in put into future scenario development, Council noted the following: • Ensure focus on what the City can do or influence within its mandate: Staff and Compass Kitchener continued to hear broad ideas and aspirations as wider community engagement concluded; staff will filter these to actions that the City can take to respond, including working closely with the Resident Panel to focus on the City's accountability. • Key trends impacting Kitchener include belonging, placemaking, sustainability, housing affordability, innovation, technology and institutional trust: Staff incorporated these key trends into scenario development toward a proposed new 20 -year Vision (which will be shared with Council in May), and the proposed strategic goal areas highlighted in this report. In January 2023, the Compass Kitchener Advisory Committee provided Council their community priorities for the new Strategic Plan. While no direction was sought at that meeting, Council engaged with the committee Chair and Vice -chair to explore the priorities a bit more deeply, while noting the close alignment to what Council heard during the election campaign. Page 64 of 122 At the February 2023 discussion on key goal areas, based on synthesis of broad community engagement inputs, to be used by staff to identify indicators of success and potential actions in which the City could make progress over the life of the 2023-2026 Strategic Plan, Council provided the following feedback: • Support for the proposed 5 Strategic Goal Areas as reflecting key priorities toward which to make progress over the next 4 years (draft working titles): Belonging and Participation; Housing, Land Use and Mobility; Environment and Climate Action; Economic Prosperity and Opportunity; and Good Government. • Include the following when developing proposed Actions for the term of Council: engagement, newcomer experience; housing attainability, protecting good rents, green space; 15 -minute neighbourhoods; climate; creative industries, film/music/arts; government relations strategy, technology/innovation, data -driven decisions. At the May 2023 discussion on a new 20 -year Vision, key priorities and the approach to action planning, Council provided the following input: • Support for setting an initial set of Actions for the 2023-2026 Strategic Plan, to enable Council and the organization to respond to emerging issues, needs and opportunities throughout the 4 -year period. • Add Physical & Mental Health and Innovation Culture (external) to the Top Priorities representing the primary focus of actions, budget investments, business planning and resource requests, especially for the first 1-2 years of the strategic plan. • Support for the Goal Areas and statements with a request to organize goal areas and actions to indicate actions underway already, new ones planned, and internal - facing ones. • Refine the Vision story to provide more focus on where the City can make an impact toward community aspirations. Page 65 of 122 Appendix B: 20 -year Vision Statement and Story for Kitchener (Refined) VISION STATEMENT Building a city for everyone where, together, we take care of the world around us — and each other. VISION STORY TOGETHER IN 2043 Whether you've lived in Kitchener your whole life, or you have just arrived, you belong here. Kitchener is a city of people who, since 1854, have worked together to chart a progressive future, building a thriving city that offers well-being, potential and quality of life — for everyone. Our neighbourhoods are more connected and diverse today than ever before. Our streets and sidewalks know all kinds of people, and our kitchen tables, meeting rooms and council chambers do, too. Creating more opportunities for people to connect and participate in civic life has brought more voices and lived experiences to those tables. This has shown us new possibilities, helped us make better decisions, and pointed us toward solutions to some of our most challenging problems. Kitchener is one of Canada's largest cities, and the place we call home. Our city is committed to finding smart, sustainable, and innovative housing solutions to ensure that people have a place to call their own. Today, the city is filled with well-designed, adaptive reuses and new mixed-use, mixed -income housing options as diverse as our neighbourhoods and the people who live in them. Our neighbourhoods are pedestrian -friendly and full of businesses and services that meet our daily needs. Our community centres, arenas, pools, libraries and sports fields are where we get together and get active. We've designed our busy public parks and spaces with residents, and they welcome and work for people of all ages and abilities. Full of people, activity and ideas, these spaces bring us together and offer access to knowledge and tools to learn about and thrive in the world around us. The places and spaces that bring us together have reliable connections that enable us to move around the city in active, clean and accessible ways. Our sidewalks see community connection every day, as people walk, roll and wander — easily and safely getting where they want to go. We use cars and parking lots less and trails, cycling lanes and transit more. Fewer homes and businesses use fossil fuels to heat and cool, and we've reduced our impact on the environment, by using more renewable energy. Consistent awareness and incentives have made climate responsibility second nature for residents and businesses. We serve as stewards of the natural environment, and remain steadfast in our commitment to reconciliation, honouring the Indigenous caretakers who came before us, and have built strong relations with the First Nations, Metis and Inuit who call Kitchener home. We preserve and protect parks and natural areas. Our urban forests and our tree canopy soften the boundaries between the built and natural worlds. They are the natural backdrop along our streets, sidewalks and paths, and to the arts and cultural experiences, events and exhibitions that we enjoy. Every time we leave home, we enjoy the cool shade of these investments. Page 66 of 122 Our investments in creating an agile and innovative local economy have strengthened key industries and kept our job market healthy and diverse. We've supported local businesses to continue to adapt and lead, addressing their challenges and helping them connect and work together. Our city's difference - makers —the talented and resourceful entrepreneurs, workers and artists, whose innovative approaches reflect their pursuit of building a better world — continue to diversify and grow our economy and create jobs for everyone. We step up to help and care for one another. We work together and with community partners to offer accessible services and address disparities among communities of greatest need. Our programs are open to everyone with equal access for all, without financial or other barriers. Because of our work, more people than ever feel a deep sense of belonging in Kitchener. The public servants who work alongside our residents and businesses are difference -makers. We don't just make decisions - we listen. We are the stewards of our city's present and its future. We champion our collective goals and work with residents to build our city, one neighbourhood at a time. We invite civic action on the issues that matter to residents. We are accountable, we measure the right things, and report on our progress. Our legacy reflects a diverse and caring workforce that mirrors the diverse and caring city we've helped to build. We've built trust with residents, and because of this, people from diverse backgrounds vote and take part in public processes in unmatched numbers. We tell stories of the challenges we came together to face over the years, and of how doing so led to a greater understanding of what we share and what makes us unique. By working together and making the most of our differences, residents have helped staff remove barriers and disadvantages, giving more people the opportunity to thrive in Kitchener. We're building a city for everyone where, together, we take care of the world around us — and each other. The lessons of our past — and the promise of tomorrow — remind us that people who love their city can always change it, and our world, for the better. Together. 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Kitchener's Strategic Plan 2023-2026 •... 4- - BANG THE TABLE .�� en gagemerrtHQ Q1 In general, do you agree that these draft goals and actions will help our city change in the right direction? 16(8.7%) 17(9.2%) 12(6.5%) 88(47.8%) Question options 0 Strongly agree Agree Neither agree nor disagree Disagree Strongly disagree Optional question (184 response(s), 3 skipped) Question type: Radio Button Question Page 2 of 22 7%) Page 74 of 122 Q2 We are most interested in hearing whether you think we are on the right track. Please share any related comments you have about the draft goals and actions. Anonymous I think that we are on the right track. From what I've seen in the 6/29/2023 04:36 PM meeting (resident panel), the plan only gets better and better, to fit our goals better. Anonymous Does the final section, "Stewarding a Better City Together' involve 6/30/2023 12:08 PM me or just city employees? Anonymous Innovation procurement 6/30/2023 12:48 PM Anonymous Like the connected and green inititiatives, think we could do more. Would love to see more community gardens, etc. Would like to know more about actions to address housing and encampment issue. Anonymous Consider connecting suburbs and townships transportation. 6/30/2023 08:51 PM Encourage cycling. Hydrogen buses. Manage costs to keep property taxes flat to help struggling households. Anonymous The citizens did not have an opportunity to vote. This radical change 7/01/2023 09:39 AM that will effect each citizen has to be put on the ballot. It must be put on by each section not as one massive plan. Anonymous Focusing on transit, reducing vehicle through traffic on residential 7/01/2023 11:38 AM roads and better caring for our canopy cover are high priorities in my view. Anonymous The leisure facilities master plan should address the development of 7/02/2023 08:41 AM at least 8 more dedicated pickleball courts. Kitchener is lagging behind Hamilton, St Thomas, Kenora etc. Anonymous Some of these seem ambiguous, but perhaps that's just the description here, and many more seem unambitious. For a region that wants to change course, there's an awful lot of "continue doing V and "implement the unambitious plan we already have" Page 3 of 22 Page 75 of 122 Anonymous Action: Ensuring that all stakeholders are at the table when city staff 7/02/2023 10:16 PM start "modernizing" centers and changing related policy guidelines. Anonymous Corporate climate action should be more ambitious. Some things are to ensure festivals align with other categories. For instance, could neighbours day (which is wonderful), include a greening your space initative? Anonymous reducing red tape for the development of smaller, more affordable 7/04/2023 01:25 PM stand-alone homes (not condos and apartments) is a step in the right direction for Kitchener. Multi -use pathways as opposed to separate bike paths is a better use of space. Anonymous Yes you are on the right track Anonymous I am most excited at parks and trails being accessible to all ages and 7/04/2023 04:48 PM abilities in the winter. Anonymous It will be great to move quickly on these goals 7/04/2023 08:34 PM Anonymous Yes, and making sure that all stakeholders are at the table before 7/04/2023 09:01 PM study begins, various perpectives considered prior to begining the study/review of methodology is vital. Anonymous The statements are platitudes. The impact on community says 7/05/2023 08:40 AM otherwise &amp; I see no recognition of what you hear during community engagement. Anonymous Appropriate housing planning is critical not only to deal with 7/05/2023 08:45 AM affordable housing, but to consider our aging residents that want to age in place in their community. Ensure there are bungalow condos and suitable "missing middle" types of homes. - I am very pleased that these goals and strategies are very closely 7/05/2023 12:27 PM aligned with my personal values. I also appreciate the efforts to communicate your intentions to the general public. Well done ! Page 4 of 22 Page 76 of 122 Anonymous I am missing the commitment to be an age -friendly community with 7/05/2023 03:22 PM the services, supports and advocacy needed to realize this. Anonymous Yes, I believe your are on the right track. Anonymous I fully agree with the housing for all initiative but instead of looking at 7/06/2023 09:29 AM affordable housing, look at rent -geared -to income housing especially for low income citizens Anonymous Great ideas. Can't wait to see them implemented. 7/06/2023 10:14 AM Anonymous I'm wondering why just "Collaborate with Conestoga College", no 7/06/2023 02:41 PM Wilfrid Laurier University and University of Waterloo. Anonymous Housing for all in crucial. people shouldn't be on the PATHs list for 10 7/06/2023 03:05 PM years and still be without a home Anonymous It seems like most of our goals seek to grow the size and scope of the 7/06/2023 03:47 PM city rather than allowing our communities and cultures thrive independently. Anonymous it was organized and informative 7/06/2023 04:01 PM Anonymous Affordable housing for single occupancy. No more student houses 7/07/2023 08:32 AM being built. Anonymous Most of the city official plan's map is still yellow for "low rise 7/07/2023 09:17 AM residential". Missing middle should be allowed along all "major community collector streets" as of right, at least to start, at a minimum. This will have wide support. Anonymous More focus needed on lack of affordable housing 7/07/2023 01:55 PM Anonymous Our community centers are running well , with a good number of 7/08/2023 09:40 AM youth joining in and also they are filling about the membership forms Page 5 of 22 Page 77 of 122 .. interested in volunteering too so as they get the reference for next year job .. Anonymous N/A 7/08/2023 09:41 AM Anonymous You are most certainly on the right track with a green city, you need 7/08/2023 09:52 AM to implement green spaces to make kitchener feel like it's worth living in Anonymous i think we are on the right track Anonymous I believe that implementing housing for all is a key step to making sure each individual who resides in the city can have somewhat equal opportunities. All the other draft goals and actions are clearly on the right track to make Kitchener a better place. Anonymous I believe that implementing housing for all is a key step to making 7/08/2023 10:24 AM sure each individual who resides in the city can have somewhat equal opportunities. All the other draft goals and actions are clearly on the right track to make Kitchener a better place. Anonymous None at this time. They seem very well thought out. Anonymous I think that they are all great goals, I'm just curious as to how the city 7/08/2023 04:21 PM will accomplish them. Anonymous I think that the Community Grants Review was very needed. 7/08/2023 08:51 PM Anonymous The draft goals seem realistic and attainable 7/09/2023 08:28 AM Anonymous I think that we are on the right track because all of the goals are 7/09/2023 03:38 PM community -minded. Anonymous none 7/09/2023 09:31 PM Page 6 of 22 Page 78 of 122 Anonymous Most def on the right track! Anonymous I would like to see specific language about hiring BIPOC &amp; 7/10/2023 06:44 PM 2SLGBTQ employees and tracking efforts to make city staff reflect the beautiful diversity of our citizens Anonymous I love the idea about having connected trail and bike lanes, plant more trees, focus on middle housing and climate crisis. Anonymous A very ambitious plan — not much to argue with. I am a bit skeptical about the priorities. Anonymous active transportation, cycling routes Anonymous All of the strands above important, especially think more/better active transportation infrastructure across city important Anonymous Love the overarching message of "together". The first goal could be enhanced - so much more connects us in neighbourhoods. Don't think people really do "work together to ensure others have secure and affordable homes". this may set an ureal expectation Anonymous there should be more income based housing avaialbe, even people 7/11/2023 03:50 PM who have a good income cannot afford to rent an apartment, we will continusouly see renovictions and homelessness Anonymous There is currently too much emphasis on increasing population 7/11/2023 08:39 PM without having the essential underlying services in place to support that kind of growth. Anonymous I don't believe ant of it is for our own good Anonymous Housing for all, Page 7 of 22 Page 79 of 122 Anonymous Definitely on the wrong track/path. All this is going to do is make life 7/11/2023 10:34 PM even more unaffordable without actually accomplishing or achieving anything. We need a city that's liveable, affordable and that works. We need to attract amenities to the down. Anonymous More concentration on traffic flow 7/12/2023 08:47 AM Anonymous going woke has zero ROI. Climate hysteria neither an actual threat or 7/12/2023 11:20 AM worthy of focus. Anonymous Creating a more active city that has ways for both people and cars to 7/12/2023 01:52 PM both thrive, as well as proving access to transit. Anonymous Sounds the like the "NWO" one government plan - 15 minute city 7/12/2023 01:58 PV Anonymous The actions for housing and active transportation are positive, but need to be stronger to effectively meet the housing and climate challenges we face Anonymous I really don't see much language with respect to our national housing 7/12/2023 05:02 PM crisis, nor the issues with affordability. Please do better. Anonymous my comments are unnecessary, as they will be either ignored or 7/12/2023 05:09 PM disregarded Anonymous Only 255 characters to comment :( I do not think this is the right track. Too many goal statements &amp; draft actions. Focus on a smaller set of stuff &amp; be excellent at that. I feel strongly that 1 goals should be downsizing/seeking efficiency/streamlining Anonymous Your climate plan is a farce. History will judge you harshly. Anonymous You are cresting a pie in the sky approach using the high moral ground of social change to justify an esoteric planoach Anonymous Bigger and bolder action, not small and strategic" actions to build a Page 8 of 22 Page 80 of 122 connected active transportation network throughout the City. We do not need a new entertainment venue. Anonymous I totally disagree with the City's obsession with bicycle lanes on the roadways. I also have a beef at all the crazy traffic calming ideas being built into our roadways by making road junctions more difficult to manoeuvre through. Anonymous You're crazy to think I'd want to change heating from natural gas to electric which is the most expensive! Anonymous Not even close Anonymous Agree mostl but building hights in downtown core need to be 7/13/2023 06:31 AM reasonable (ie 55 stories is too high to jot impact everyone around it and wind becomes problematic). Keep building but do so responsibility without heavily impacting what is already here. Anonymous You have some great ideas and plans and I realize it's hard to 7/13/2023 06:32 AM prioritize and fund all these initiatives so make sure any money spent is used to its fullest. Maintaining our tree canopy is an example of poor follow through keeping young trees alive Anonymous I think the wording is broadly quite vague. 7/13/2023 07:02 AN Anonymous Goals are okay, but the interference on driving traffic is becoming an 7/13/2023 08:49 AM issue especially in the downtown core Anonymous We need much stronger by-laws preventing and discouraging citizens from cutting down trees on private property. Look to Toronto as an example of a more rigorous system. Anonymous A connected city is key to creating a place where people want to live. 7/13/2023 08:56 AM Being able to travel the city without getting into a car will help us experience and know our city, connect with people, and feel like we are the city. Page 9 of 22 Page 81 of 122 Anonymous Atronger statement is needed on provision of green spaces, 7/13/2023 09:07 AM especially adjacent to high rises, and also concerning potantial strategic larger green spaces - Hidden Valley? Anonymous Really like that the goals and actions point towards a green city, that 7/13/2023 09:09 AM is caring, and connected. It's very hopeful for building a bright future! Anonymous This is all great, but seems to target incremental changes. To face today's challenges we need faster widespread implementation of everything on the list!A place to start could be road design standards(deprioritize fast moving traffic for human experience Anonymous Love the initiative on housing, cycle lanes and parks. More needs to 7/13/2023 09:29 AM be done on fostering relationships with existing staff. Anonymous I love the direction we're heading with bike infrastructure, we could 7/13/2023 09:42 AM build off this to become a mountain bike tourist destination. Check out Bentonville for inpiration: https://www.visitbentonville.com. I'd be happy to advise more: drewbrend@gmail.com Anonymous Green energy plan should start with development approvals, not on 7/13/2023 09:51 AM natural gas. Force density, with mixed residential/commercial to reduce transit distances and improve efficiency whilst also creating affordable lifestyles. Mandate green buildings. Anonymous I am not convinced that there is a balanced approach between 7/13/2023 09:59 AM "Building a Connected City Together" and "Cultivating a Green City". At a recent neighbourhood planning meeting, the emphasis was all about intensification and not about protecting green space. Anonymous This sounds a lot like 15 minute cities and I am 1000% against being 7/13/2023 10:20 AM trapped, for better words, perhaps controlled is a better word. Either way, this plan sucks! Anonymous need more detailed plans for cycling and pedestrian infrascture and 7/13/2023 10:36 AM associated timelines Anonymous I love everything. I wish there would be more done to increase the 7/13/2023 10:44 AM greenness of overall neighbourhoods and main roads, like adding Page 10 of 22 Page 82 of 122 more trees, or lanterns with hanging baskets, similar to downtown. Just overall increasing the appeal of our city. Anonymous Not sure how Al really needs to play into our goals? Also beware 7/13/2023 10:46 AM alienating older residents with over -reliance on apps and digitized services that they might not be able to use Anonymous 7/13/2023 10:46 AM Too much focus on Truth and Reconciliation Anonymous Growing up in a different city made me realize how important youth programming is. I think the city is doing a great job with the youth programming and it's something I WISH I had access to as a youth. Community starts with youth and the city nailed it Anonymous I think that you are on the right track and I don't have much to add. Anonymous I believe that the goals listed above is a comprehensive plan in 7/13/2023 11:34 AM leading us to become a better city. Anonymous Community centre operating model: In recent years an audit and a major project focused on renewing community centre operations. How will you set this process up for success in leading to needed transformation? Recent processes failed to produce results. Anonymous Ambitious goals. I like the inclusion of green alternatives. Really liking 7/13/2023 11:44 AM the Green Canopy innitiative Anonymous I believe that "Housing For All Implementation" and working on 7/13/2023 12:11 PM transportation in the city is very important. Working on these goals will help foster a better city and community Anonymous It seems that there is a lot of explanation on what you are going to do and not how you are going to do it. For example it says you will complete the Kitchener Utilities clean energy transition strategy but does not explain how this will be done. Anonymous I appreciate the focus on housing and active transport. The zoning Page 11 of 22 Page 83 of 122 amendments are very much needed. n e work o upgrade cycle infrastructure is also a great way to plan for the future. Anonymous Agree with some, not all. We need housing/apartments not meant for the extreme rich or poor, but those that are average! Planting more trees, yep, green energy, nope, the trees take care of the carbon, more biking trails, yep, but not taking away cars! Anonymous Focusing on people, programs and process. Anonymous Too many goals. When there are too many they won't happen. Also the goals are too wordy. Blah blah make it simple Anonymous Financing the renovating or removing older home stock to be 7/13/2023 01:29 PM replaced by multi -family y dwellings. Anonymous Hello- Yes, in general this draft of the plan identifies some of the most important issues facing our community.As an example although it's not entirely within the City's scope more assistance financial assistance to assist all users of the transit system Anonymous There's a lot of good messages. What could be strengthened is more commitment to protect and enhance the environment, review city actions related to native/invasive species and linking this to housing and transportation strategies. Eg will the city contin Anonymous why conestoga college for creative industries? look at something that is closer to downtown core , eg. St. Louis Centre, evenings at high schools or another facility. Conestoga main campus too far away and campus on University Ave. is in waterloo Anonymous One thing that would be wonderful is a push for more family friendly condos in the downtown core. Many are 1 or 2 bedroom which don't encourage families to live in the new buildings (and no family amenities, like kid rooms, like gyms and theatres) Anonymous While they are all grand ideals. I wonder how long it will take to 7/13/2023 04:05 PM implement them and will new municipal leaders carry on the implementation? Page 12 of 22 Page 84 of 122 Anonymous I wonder if we have missed an opportunity to include negotiations with the Region to "green" our transit system. Anonymous Yes they are on the right track mov8ng forward Anonymous The concept of affordable housing resonates deeply with my current 7/13/2023 04:33 PM situation. The green development standards plan is also a promising step to create a greener city. Anonymous Generally, I think we are on the right track. A few things I noticed: 1 7/13/2023 06:44 PV thought we were changing the wording from affordable housing to housing affordability? And I still don't really feel that the term "green" is current and reflective of our goal. Anonymous Too much emphasis on "green, diversity, inclusion, sustainability". This is a burden on too many businesses, including large ones, focus and too many $$ are wasted on unproductive activities, which also affects price for customers. yes you are on the right track. now lay out step by step how to achieve these goals and share with the public. Anonymous Nothing but woke theory Anonymous The inclusion of targets for housing, transit, conservation, economic growth, and community health in the new Strategic Plan, in my opinion, is a wise and necessary decision as it indicates a thorough approach to handling key municipal development issues. Anonymous Priorities seems to be the right ones for this time. 7/13/2023 08:24 PM Anonymous we need to move away from government making all the decisions. 7/13/2023 09:11 PM Your survey of people is too small to get a real feel of what people need or want! Page 13 of 22 Page 85 of 122 Anonymous Community safety 7/13/2023 09:59 PM Anonymous Absolutely not! We do not want any part of the 15 min city plan 7/13/2023 10:03 PM Anonymous You are on the wrong track with many of these globalist agendas Anonymous This is not your plan. It's the WEFs plan. Anonymous overall it sounds like a good plan. would love to see changes like this in the city Anonymous Continue to emphasize parks and trails not just for transportation, but for equity and inclusion. Anonymous Anything that helps people is great. Anonymous I like that you are thinking of the environment, reconciliation and planning to have more green spaces. Anonymous I don't understand many of the goals. They are very vaguely worded and non-specific in most cases. I like the plans to increase trails and biking accessibility, and to increase 'middle' housing. Anonymous Unfortunately there is no such thing as affordable housing and when 7/14/2023 08:04 AM government employees who have no practical experience in rental housing get invthing as affordable housing and government employees, who have no knowledge of property management . Anonymous You should collaborate with UWs Longhouse Labs Project, an Indigenous -led initiative that advances Indigenous artistic practices, creative leadership, heritage preservation, Indigenous economic self- sufficiency, and robust community engagement. Anonymous As a city, we need to get away from the 2030 agenda which we seem 7/14/2023 09:29 AM to be in lockstep with. Page 14 of 22 Page 86 of 122 Anonymous Stop fighting against the car and drivers, the focus should be what the majority uses (vehicles). Anonymous I think the goals are on the right track. I think you will be challenged to implement them all without having them contradict each other. Green house goals and growth in the city are a challenge Anonymous I think Kitchener is on track. We wife and I vacationed in Rome and Barcelona this year. Kitchener needs to emulate what they have: pedestrian and cycling friendly streets, destination points, walk ability to needs (markets, groceries, hardware stores). _ The overarching goals seem fine and most of the actions seem 7/14/2023 04:28 PM appropriate. Whether time, staff, and funds are actually allocated to these initiatives will be key. Climate action, including diverse housing and prioritizing non -car transportation are key. Anonymous I think you're on the right track! A lot of these sound like awesome goals. One thing though I think could help is maybe adding examples - a number of these are pretty general. Mentioning what issues they're addressing could also help? Otherwise, awesome! Anonymous I am a cyclist BUT feel the bike route are basically useless and are 7/16/2023 10:06 H, costly. Basic lines on the roads are sufficient help with gilding cyclists BUT not barriers and eliminating car lanes Anonymous I wonder if forcing builders to agree to dedicate at least a percentage of units to be subsidized in order to grant permits would be beneficial in succeeding getting more subsidized housing Anonymous I believe the strategy as stands is good 7/17/2023 08:43 AM Most of the tree canopy is privately owned so greening requires Green City action 5 of 8. How many residents know about Kitchener's tax deductions for tree maintenance costs? Promotion of "protect a tree" should rival "plant a tree" but run parallel. Page 15 of 22 Page 87 of 122 Optional question (134 response(s), 53 skipped) Question type: Single Line Question Data for this question is on the following page Page 16 of 22 Page 88 of 122 Q3 Before today, how did you engage with us on the development of the 2023-2026 strategic plan? (check all that apply) 130 120 120 110 100 90 80 70 60 50 40 30 16 16 16 20 9 10 4 Question options Today is the first time I engaged on this project * Contributed to the Ideas Boards Contributed to Share Your Vision Contacted City staff to comment or ask a question Took part in a street team interview Took part in a focus group Took part in the resident panel Optional question (175 response(s), 12 skipped) Question type: Checkbox Question Page 17 of 22 Page 89 of 122 Q4 In your opinion, how much did your input affect the final list of draft goals and actions? 13(23.6%) 11(20.0%) 5(9.1%) Question options A great amount A moderate amount A small amount Not at all Not sure Optional question (55 response(s), 132 skipped) Question type: Radio Button Question Page 18 of 22 18(32.7%) Page 90 of 122 Q5 What is your age? 33 (1 19(10.3%) c, k.—my Question options 35(18.9%) 20(10.8%) Under 18 years old 18 to 29 years old 30 to 39 years old 40 to 49 years old 50 to 59 years old 60 to 64 years old * 65 years old and above Prefer not to answer Optional question (185 response(s), 2 skipped) Question type: Radio Button Question Page 19 of 22 Page 91 of 122 Q6 Do you identify as a member of any of the following groups? (choose all that apply) 100 90 80 70 60 50 40 30 30 20 10 6 Question options Person with a disability First Nations, Inuit or Metis 20 19 4 92 Member of a racialized group Immigrant or Refugee 2LGBTQ+ None of the above f Prefer not to answer Optional question (182 response(s), 5 skipped) Question type: Checkbox Question Page 20 of 22 30 Page 92 of 122 Q7 Which of the following best describes your gender identity? (choose all that apply) 110 97 100 90 80 70 63 60 50 40 30 16 20 10 4 1 1 1 Question options • Woman Man Trans Woman Trans Man ;: Two -Spirit Prefer not to answer * A gender not listed above (please describe): Gender Fluid / Gender Queer ® Non -Binary * I do not identify with a gender Optional question (183 response(s), 4 skipped) Question type: Checkbox Question Page 21 of 22 Page 93 of 122 Q8 What are the first three digits of your postal code? (e.g., N2G) 15(8.2%) Question options N2A N28 N2C N2E N2G N2H N2M N2N N2P ! N2R Other (please add your first three digits only): Optional question (182 response(s), 5 skipped) Question type: Radio Button Question Page 22 of 22 opo) 11 (6.0%) 17(9.3%) Page 94 of 122 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Bluhm, Cory, Executive Director, Economic Development 519-741-2200 ext. #7065 Bennett, Brian, Manager Business Development 519-741-2200 ext. #7230 PREPARED BY: Brown, Jay, Economic Analyst, Economic Development 519-741-2200 ext. #7072 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 27, 2023 REPORT NO.: DSD -2023-328 SUBJECT: Collaboration Space in the UW Innovation Arena RECOMMENDATION: That up to $450,000 from the Economic Development Investment Fund 2.0 (EDIF 2.0) be allocated to support the completion of leasehold improvements for the City of Kitchener's space to be located at 280 Joseph St West Unit 2A, Kitchener Ontario; and further, That the annual operating costs for Common Area Maintenance fees, estimated at $17,500, be referred to the 2024 budget process; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, including the execution of a lease agreement, in accordance with report DSD -2023-328, with said documentation to be to the satisfaction of the City Solicitor. REPORT HIGHLIGHTS: The purpose of this report is to present the business case for the City of Kitchener to invest up to $450,000 for leasehold improvements for the City of Kitchener's space to be located in the University of Waterloo's Innovation Arena (Downtown Kitchener), which would be operated by the Waterloo Region Small Business Centre (WRSBC). The key finding of this report is that the establishment of a 5,000 square foot collaboration space for use by the Waterloo Region Small Business Centre (WRSBC) will support positive economic impacts by enabling health -based entrepreneurs and small businesses access to the UW Innovation Arena while enabling the WRSBC to provide co -work space, programming and supports tailored to health -based businesses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 95 of 122 • The financial implications include an initial capital investment of $450,000 from the Economic Development Investment Fund 2.0, and an annual operating cost of $17,500 to cover Common Area Maintenance fees. Additional staffing resources will be contemplated through future budgets. • During the development of Make It Kitchener 2.0, the community identified Health Innovation as the top economic growth sector for the City to invest in. • This report supports A Vibrant Economy by undertaking industry business cases. BACKGROUND: Throughout the community engagement that led to the creation of Make It Kitchener 2.0, health innovation was identified as a top growth priority for our local economy. The University of Waterloo (UW), in partnership and collaboration with the City of Kitchener, is developing a new 90,000 square foot innovation facility focused on health innovation, medical technology and deep science on the UW Health Sciences Campus located in Kitchener's Downtown Innovation District (280 Joseph Street West). The new Innovation Arena will include: • Refurbishment of a 90,000 square foot warehouse already owned by UW on the Health Sciences Campus. • The new home for UW's Velocity program expanding into 45,000 sq ft on the second floor • Multi -use biosafety, clinical instrumentation, product development and wet lab space for small and medium sized enterprises (SME's), entrepreneurs and innovators; and • Co -location with the Waterloo Region Small Business Centre (through the City of Kitchener) to support health entrepreneurs and practitioners grow their businesses. Additional background information can be found in Attachment "A." REPORT: As part of the City's $8.5 million investment in the Innovation Arena, the City has the opportunity to lease 5,000 square feet for use by the Small Business Centre. The City has the option to for two 10 -year terms for $1 annually. The City would also be responsible for 50% of the common area maintenance (CAM) costs for the leased space including but not limited to electricity, natural gas, water, and maintenance. The annual cost is estimated at $17,500. The City of Kitchener would be responsible for 50% of the leasehold improvement costs, estimated at $450,000, which includes construction costs (ex: partitions, doors, finishes, washrooms, kitchenette, etc.), furnishings and contingency. The University of Waterloo is responsible for the procurement and project management of the proposed leasehold improvements. Fit out costs per sq ft of $90 per sq ft compare favourably to industry middle range buildouts of $81-135 per sq ft. Business Case City staff have developed a business case (Attachment "A") to assess the benefit of pursing the proposed space. Based on the projected growth in the health innovation industry and Page 96 of 122 the ability of the WRSBC to provide access to the Innovation Arena for non -tech health businesses, including tailored programs and services, staff recommend pursuing a lease agreement. To support the required investment, staff recommend allocating up to $450,000 from Economic Development Investment Fund 2.0 (EDIF 2.0). Benefits for the Small Business Centre Clients: The WRSBC would provide direct oversight of the space, utilizing existing programs, to provide local entrepreneurs and small businesses with the following health -industry focused supports: • Programs & Training • Advisory Services • Hot Desk Space • Networking • Events • Community Partners • Collision of Ideas Based on the WRSBC's current client base, it is anticipated that the following entrepreneurs/businesses would utilize this space: • Paramedical Services — acupuncture, massage therapy, chiropractic, etc. • Health, Wellness & Beauty — fitness, dietician, cosmetics, etc. • Health Food — pre-packaged foods, supplements, etc. • Counselling and Therapy Services — mental health, speech, addition, etc. • Registered Health Services — Registered Practical Nurse, midwifery, etc. The WRSBC currently operates from the SDG Idea Factory. Should THE MUSEUM be successful in developing a plan to expand its facility, the WRSBC may need to vacate the Factory as early as August of 2025. In this case, the Innovation Arena could become the primary location for the Centre. STRATEGIC PLAN ALIGNMENT: This report supports A Vibrant Economy by undertaking industry business cases. As part of the 2019-2022 Strategic Plan, Council directed staff to foster a citywide network of incubators, accelerators, and co -working spaces by undertaking business cases for health/med-tech industries (among others). FINANCIAL IMPLICATIONS: Capital Budget — The recommendation would require an allocation of $450,000 from the Economic Development Investment Fund 2.0. Proposed Funding Allocation EDIF 2.0 Total allocation to support Health Innovation (Make It Kitchener 2.0) $10,000,000 Funding committed to date $ 8,500,000 Page 97 of 122 Proposed funding to support this space $ 450,000 Funding remaining for future allocation $ 1,050,000 Operating Budget — the proposed space would require an annual operating expense of $17,500 to cover CAM fees. Staff recommend consideration of this expense as part of the 2024 Budget process. Should it be determined that additional staff resources could be needed to best support this space, those could also be considered as part of a future budget. In the meantime, existing WRSBC and City Economic Development budgets would support the activation of this space. As the University of Waterloo has agreed to cover 50% of the leasehold improvement costs and 50% of the ongoing CAM fees, the proposed costs represent strong value to taxpayers. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — as part of the development of Make It Kitchener 2.0, the community identified Health Innovation as a key sector for the City to invest in. This proposed investment supports this community direction. PREVIOUS REPORTS/AUTHORITIES: 1) DSD -20-178: Make It Kitchener 2.0 —Health Innovation Partnership & Business Case APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Attachment A — Business Case: City Collaboration Space at UW Innovation Arena Page 98 of 122 'TW BUSINESS CASE I ! 4 "'„.,il 0- 0711Wi023 WRSBC HEALTH INNOVATION ARENA TABLE OF CONTENTS ExecutiveSummary................................................................................................................... 2 Background................................................................................................................................ 4 Vision........................................................................................................................................ Opportunity —The Business Case.......................................................................................... TheInvestment........................................................................................................................ 10 Conclusions & Recommendations........................................................................................ 12 MAKE IT KITCHENER SINCE 1854 - WRSBC INNOVATION ARENA Canada's health sector spending reached $331 billion dollars or $8,563 per person in 2022 (representing 12.2% of Canada's Gross Domestic Product for 2022)'. As the Canadian population continues to age, health sector spending will increase significantly. If per capita public health spending were to remain the same, local spending on publicly provided health care alone could double by 2041. As a result, opportunity exists locally to accelerate the growth of companies and jobs to service this growing demand and/or develop innovations which create more efficient service delivery. The University of Waterloo (in partnership with the City of Kitchener, Province of Ontario and Government of Canada) is currently developing the Innovation Arena - a new, state-of-the-art facility in Downtown Kitchener to significantly grow the local health innovation and medtech industries. The Innovation Arena is intended to be a communityof like-minded innovators, home to multiple member organizations. The Waterloo Region Small Business Centre can play a key role in enabling its clients access to the Innovation Arena community. As part of the City's $8.5 million investment in the Innovation Arena, the City has the ability to establish a new 5,000 square foot purpose-built space. Operated by the Waterloo Region Small Business Centre (WRSBC), this space could accommodate 40+ entrepreneurs and small businesses at any given time. These entrepreneurs would have an opportunity to- - Access programs and services of the WRSBC; - Access lab facilities within the Innovation Arena; - Build their business alongside entrepreneurs tackling similar challenges; and, - Progress to other acceleration programs. The estimated cost of leasehold improvements for the new purpose-built facility is $450,000 of which $386,000 is estimated for construction, $25,000 for furnishings and $39,000 for contingency. Ongoing common area maintenance costs for the collaboration space would be equally shared between the City of Kitchener and the University of Waterloo. By investing in this space, the City of Kitchener would realize the following economic impacts: • Support for non -tech based SMEs resulting in new companies, employment growth and economic diversification; • Retention of health sector expenditures in Kitchener -Waterloo -Cambridge • Health innovations driven by SMEs resulting in improved healthcare services for residents; and, • Enable future partnerships between the region's various health focused stakeholders including UW (Velocity), McMaster University, Waterloo Med Tech, Medical Innovation Xchange, and Grand River Hospital. 1 Source: Canadian Institute on Health Information, National health expenditure trends 2022 -Snapshot k1AKE IT ISITCH ENE R — SINCE 1854 -- EEEE=WageRP3WM WRSBC INNOVATION ARENA Most importantly, the new collaboration space would ensure all health -based entrepreneurs could access the Innovation Arena community. MAKE IT KITCHENER - SINCE 1854 — EEEE=WaggePF3WM WRSBC INNOVATION ARENA 4 MAKE IT KITCHENER 2.0 The City of Kitchener's economic development strategy —Make It Kitchener 2.0— identifies `Health Innovation' as a key area of focus for economic growth. It identifies an ambition to collaborate with industry and educational partners to become a global leader in the health industry. The strategy envisions supporting "Difference Makers" through the creation of spaces and programs that enable entrepreneurs to start, lead and scale new businesses, develop talent, and remain in the Region. To support investments in health innovation, City Council earmarked up to $10 million from EDIF 2.0. $8.5 million has been allocated to the overall UW Innovation Arena development. $1.5 million remains uncommitted and could be used to support an investment in this space. UW VELOCITY Velocity is a leading entrepreneurial and incubator program at the University of Waterloo. From idea to product development to commercialization, Velocity provides the knowledge, tools, lab space, mentoring and network that startups, scale ups and entrepreneurs require for commercialization and success. The Velocity program in Downtown Kitchener has evolved from software, to hardware, to medical technology and deep science. UW is recognized for their leadership in technology, entrepreneurship, programming, research excellence and innovation. Velocity's objective is to become a global leader for health innovation with a focus on deep science and medical technology companies. Deep science companies can be described as follows: • Life sciences/therapeutics/synthetic biology; • Medical devices, tools, and diagnostics; • Materials science, industrials, cleantech; and • Hardware & electronic devices. WATERLOO REGION SMALL BUSINESS CENTRE As a regional leader in the development of small and medium sized enterprises, the WRSBC serves thousands of entrepreneurs with the training and support necessary to start and grow successful businesses. From concept, through start-up and early growth stages, the WRSBC is a one-stop source for information, guidance, and professional advice on creating a successful business. The WRSBC will be responsible for the delivery of support services and programming in the Health Innovation Collaboration Space. MAKE IT ISITCH ENE R — SINCE 1854 -- EEEE=WagePP3WM WRSBC INNOVATION ARENA UW INNOVATION ARENA The University of Waterloo (UW), in partnership and collaboration with the City of Kitchener, is developing a new 90,000 square foot innovation facility focused on health innovation, medical technology and deep science on the UW Health Sciences Campus located in Kitchener's Downtown Innovation District (280 Joseph Street West). The new Health Innovation Arena, driven by the UW Velocity program, will include: • Refurbishment of a 90,000 square foot warehouse already owned by UW on the Health Sciences Campus; • The new home for UW's Velocity program expanding into 45,000 sq ft on the second floor,- * loor;• Multi -use biosafety, clinical instrumentation, product development and wet lab space for small and medium sized enterprises (SME's), entrepreneurs and innovators; and, • 45,000 square feet of space on the first floor to support the co -location of health innovation and medtech ecosystem partners. PARTNERSHIP BETWEEN THE UNIVERSITY OF WATERLOO AND THE CITY OF KITCHENER As part of the City's $8.5 million investment in the Innovation Arena, the City has the ability to establish a new 5,000 square foot purpose-built space. The City has the option to lease this space for a 10 -year term at $1 per year (with an option to renew for a subsequent term of 10 years). The City would need to cover 50% of the capital improvements and 50% of the ongoing Common Area Maintenance fees associated with this space. FUNDING PARTNERS To date, the following contributions have been earmarked to support the original buildout of the Innovation Arena: University of Waterloo $12.5M City of Kitchener $8.5M Government of Canada (Fedev) $6.5M Province of Ontario $7.5M Total Contributions $35M These investments are intended to support the overall building construction costs and the Velocity space (including wet lab facilities). They do not cover the costs of improvements to partner spaces, such as the space available to the City of Kitchener. MAKE IT ISITCH ENE R — SINCE 1854 -- EEEE=WageRF3WM WRSBC INNOVATION ARENA The City of Kitchener and the University of Waterloo share a vision to establish a leading health innovation ecosystem delivering support services and programming for small to medium sized enterprises (SMEs). While Velocity will primarily support tech, deep -tech and science -based businesses, the WRSBC can support a broad range of health -based entrepreneurs. Utilizing five thousand (5,000) square foot commercial space, the WRSBC would deliver the following: Programs & Training — provide early-stage business training (ex: business basics, Starter Company, Digital Service Squad) and curate health industry specific seminars with industry leaders; Advisory Services —evaluation of business ideas or concepts with health industry entrepreneurs resulting in detailed business plans moving the entrepreneur from research to testing to start-up phases; Hot Desk Space — provide physical space for individuals to launch their business, including works space, meeting space, etc.; Networking — facilitate collaborative opportunities for local entrepreneurs and small business owners to develop relationships with Velocity companies, UW researchers, mentors, experts, start-ups, and scale ups; Events— host events (ex: speaker series, showcases, hackathons, etc.) with local partners; Community Partners — provide opportunity for com m unity partners to connect with the Innovation Arena community through events, co -location, etc.; and, Collision of Ideas - facilitate the collaboration of technical and non-technical health professionals resulting in early adoption of technology by practitioners and clinicians, access to commercial markets for med-techs and engineers. Based on the WRSBC's current client base, it is anticipated that the following entrepreneurs/businesses would utilize this space: - Paramedical Services — acupuncture, massage therapy, chiropractic, etc. - Health, Wellness & Beauty — fitness, dietician, cosmetics, etc. - Health Food — pre-packaged foods, supplements, etc. - Counselling and Therapy Services — mental health, speech, addition, etc. - Registered Health Services— Registered Practical Nurse, midwifery, etc. MAKE IT K ITCH E N ER EEEE=WM SINCE 1854 WageRF3 WRSBC INNOVATION ARENA STAFFING Initially, this new space would be staffed by existing staff of the WRSBC and the City's Economic Development Division. As programming develops over time, including a greater understanding of demand for this space, the City may need to consider additional options for optimizing the potential of this space. This could include, for example, adding future program assistant and business advisor roles. MAKE IT KITCHENER - SINCE 1854 — ENEEMWageRPIRM WRSBC INNOVATION ARENA Canada's health sector spending reached $331 billion dollars or $8,563 per person in 2022 (representing 12.2% of Canada's Gross Domestic Product for 2022)2. As the Canadian population continues to age, health sector spending will increase significantly. If per capita public health spending were to remain the same, local spending on publicly provided health care alone could double by 2041. As a result, opportunities exist locally to accelerate the growth of companies and jobs to service this growing demand and/or develop innovations which create more efficient service delivery. In 2020, City Council considered a business case which outlined the future economic opportunity within the health innovation ecosystem (DSD -20-178). Key highlights include: • Demand in the health innovation sector is projected to increase by 180% over the next twenty (20) years driven by a growing population aged 65+, greater societal awareness of preventive health and wellbeing; • Kitchener's population aged 65+ spent $446M on health products and services in 2021 with projections reaching $802M by 2041; • University of Waterloo's Velocity program has incubated 400+ health tech businesses generating 2600+ jobs with total business investment of $1.3B; and, • UW's Velocity program is projected to support over 100 start-up and scale -up health tech companies in the next five years -,4000 post -secondary students graduate each year from health-related programs in the Kitchener -Waterloo region. The pool of educated graduates is the key com ponent to attracting and expanding the health innovation sector in Kitchener. OPPORTUNITY FOR THE WATERLOO REGION SMALL BUSINESS CENTRE With limited capacity and strict guidelines for applicants, the UW Velocity program is unable to fulfil the demand for business support services and programs in the health innovation sector. The UW Velocity program accepts on average only 20% of business applicants. The gap in health innovation programming has restricted the growth of small to medium-sized enterprises (SMEs) and non-OHIP health practitioners. The Waterloo Region Small Business Centre through the collaboration space in the UW Health Innovation Arena could achieve the following outcomes in the first year of activation: • Up to 200 business advisory service consultations with tech and non -tech health entrepreneurs; • Up to 100 business referrals from UW Velocity program and health sector partners; • Up to 25% occupancy of the co -working space including hot desks, labs, and collaborations spaces; • Up to 24 networking and education events; and, z Source: Canadian Institute on Health Information, National health expenditure trends 2022 -Snapshot k1AKE IT ISITCH ENE R — SINCE 1854 -- EEEE=WageRP3WM WRSBC INNOVATION ARENA • Up to 12 business development seminars and programs. As the collaboration space reaches the end of year five activation, with additional staff resources, the WRSBC projects it could achieve the following outcomes: • Up to 400 business advisory services consultations with tech and non -tech health entrepreneurs; • Up to 200 business referrals from UW Velocity program and health sector partners; • Up to 75% occupancy of the co -working space including hot desks, labs, and collaborations spaces; • Up to 48 networking and education events; and, • Up to 24 business development seminars and programs. MAKE IT ISITCH ENE R — SINCE 1854 -- MMMMMWagePF3WM WRSBC INNOVATION ARENA 10 The City of Kitchener and University of Waterloo have committed to the development of the health innovation collaboration space, as part of the Health Innovation Arena partnership, dedicated to the development and retention of health sector SMEs, as follows: TERMS OF LEASE AGREEMENT: 280 JOSEPH ST. WEST — UNIT #2A(5000 SQ. FT.) The City of Kitchener has the ability to enter into a lease agreement with the University of Waterloo for a 10 -year term with an option to renew for an additional term of 10 years. The first term lease rate would be $1 annually for the initial 10 -year term, and $1 annually for the optional 10 -year extension. The City of Kitchener would be responsible for the 50% of the capital costs to fit -up the 5,000 square foot space. Annually, the City of Kitchener would be responsible for 50% of the common area maintenance (CAM) including, but not limited to, electricity, natural gas, water, and maintenance, with these costs to be determined when the Innovation Arena is built out. As occupancy is expected in Q3 2024, CAM and operating costs will likely be considered as part of the 2024 Budget. The University of Waterloo would be responsible for the remaining 50% of CAM costs for the space. PROPOSED LEASEHOLD COSTS AND FUNDING: 280 JOSEPH ST. WEST — UNIT #2A The following is a cost and funding summary based on the competitive bid price submitted to the University of Waterloo by Melloul-Blamey Construction Inc. (September 2022) for the proposed leasehold improvements for Unit #2A (5,000 square feet): Proaosed Leasehold Construction Costs Partitions, doors, glazing, finishes, washroom, kitchenette $385,390 Contingency (10%) $ 39,610 Furnishings $ 25,000 Total Leasehold Costs $450,000 As a result of inflationary pressures and supply chain challenges on construction projects a contingency of 10% has been incorporated. Proposed Funding Allocation EDIF 2.0 Total allocation to support Health Innovation (Make It Kitchener 2.0) $10,000,000 Funding committed to date $ 8,500,000 Proposed funding to support this space $ 450,000 Funding remaining for future allocation $ 1,050,000 UW will be the Project Manager for the space and Melloul Blarney will be the contractor. Fit out costs per sq ft of $85 per sq ft compare favourably to industry middle range buildouts of $81-135 per sq ft. MAKE IT ISITCH ENE R — SINCE 1854 -- ENEEMWageRF3 "M WRSBC INNOVATION ARENA PROPOSED PROGRAM DELIVERY 11 Initially, the Waterloo Small Business Centre will oversee program delivery including staff to oversee the space, with support from the City's Economic Development Division. As much of the WRSBC funding is dependent on grants from multiple levels of government, should the WRSBC experience a decrease in funding support, the City may have to increase programming supports to the space. However, given the WRSBC's ability to deliver services virtually and utilizing online training resources, it is possible for the WRSBC to support use of the space with limited human resources. MAKE IT KITCHENER - SINCE 1854 — age WoRM WRSBC INNOVATION ARENA 12 Based on the projected growth in health care spending across Canada, opportunity exists for local company and job growth. While Velocity will support growth of tech -based health companies, opportunity exists for the City to enable access to the Innovation Arena to a broader diversity of health -focused entrepreneurs. The WRSBC is well positioned to provide modest training and oversight supports to enable a high volume of use by local entrepreneurs. Given that the University of Waterloo will be share in 50% of the buildout costs and CAM fees, the proposed investment represents a modest and sound use of tax -payer funding. Based on the foregoing, staff recommend entering into a lease agreement with the University of Waterloo to secure the space, and an initial investment of $450,000 to outfit the proposed space. MAKE IT ISITCH ENE R — SINCE 1854 -- age PoW 'Staff Report r,. i11k Infrastructure Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Greg St. Louis, Director, Gas & Water Utilities, 519-741-2600 ext. 4538 PREPARED BY: Khaled Abu-Eseifan, Manager, Gas Supply and Engineering, 519-741- 2600 ext. 4826 WARD(S) INVOLVED: All Wards DATE OF REPORT: August 4, 2023 REPORT NO.: INS -2023-334 SUBJECT: 2023/2024 Natural Gas Rates RECOMMENDATION: That the supply component of the natural gas rate be decreased to 16.70 cents per cubic meter from 20.85 cents per cubic meter for system gas customers of Kitchener Utilities effective November 1, 2023; and, That Kitchener Utilities' natural gas variable and fixed delivery rates be approved as proposed in report INS -2023-334 - Attachment A, for all Kitchener delivery customers effective November 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. REPORT HIGHLIGHTS: • The purpose of this report is to provide an update and recommendations for the natural gas supply and delivery rates of Kitchener Utilities for the remainder of 2023 and 2024. • The key finding of this report is that the supply rate is recommended to decrease from 20.85 cents per cubic meter to 16.70 cents per cubic meter to respond to lower market prices in updated forecasts. The report also recommends increasing the delivery rate components as proposed in attachment A; to cover various capital, operations, and financial requirements. • The financial implications to Kitchener Utilities residential customers will be savings of approximately $53.00 or 6% in 2024 compared to 2023. • This report supports the delivery of core services. BACKGROUND: Kitchener Utilities (KU) is committed to delivering natural gas using a rate setting approach that focuses on rate stability for our customers. We follow the Council endorsed Gas Purchase Policy for the procurement of natural gas. The policy outlines how much of our natural gas portfolio can be purchased in advance and on the spot market. It provides the ability to blend our natural gas rate with fixed and market price natural gas. The blending of fixed and market price natural gas is used to reduce volatility in prices to keep rates stable for customers. It is also used to respond *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 112 of 122 to significant changes in market prices within a reasonable time frame. This is a key feature which softens spikes in market prices and provides longer range rate stability while allowing KU to respond to long term sharp market changes. Other natural gas utilities, regulated by the Ontario Energy Board, purchase natural gas on the market and adjust rates quarterly, due to the volatility of natural gas. This strategy provides rates that are more reflective of market prices, but also includes more frequent rate fluctuations. Kitchener Utilities last natural gas rate change was in January 2023. At that time, the supply rate was decreased with a plan to review the prices more frequently due to the anticipated volatility in market prices and delivery rates were increased. This report aims to revise the rates based on updated market conditions and the requirements to deliver safe and reliable natural gas for Kitchener Utilities customers. Kitchener Utilities is in a very good storage position and the proposed changes aim to timely adjust rates to benefit customers, avoid significant rate spikes and ensure reasonable rates are maintained for longer periods of time. REPORT: Kitchener Utilities natural gas rates have two components: gas supply, and gas delivery. The gas supply program is responsible for the purchase of the gas commodity and transportation of natural gas to Kitchener and is a pass-through cost program. The delivery program is responsible for delivery of natural gas to customers. This includes billing, meter reading, capital, maintenance, and operating costs of the distribution system. The following are key highlights of this natural gas rate change report: • Natural gas supply rate decreases for system gas customers; • Delivery rate increases as proposed in Attachment A; • With the proposed rate changes, an average residential customer will see an overall rate decrease of approx. $53.00 or 6% for the period from November 1 st, 2023 to October 31 st 2024 compared with the current rates. Gas Supply: The natural gas market prices usually fluctuate with supply, demand, and weather factors. Kitchener Utilities relies on its purchasing policy to create a blended portfolio of hedging (fixed price contracts) and market price purchases. Along with the purchase policy, KU relies on the stabilization reserve to absorb sudden price increases and soften rate spikes. In 2023, the supply rate was set to maintain the stabilization reserve in anticipation of high volatility in market prices. Actual market prices were lower than projected and the stabilization reserve is forecasted to be over the maximum limit by the end of 2023. As the supply program is a pass -though -cost program, the rate should be reduced to benefit customers. The recent dip in market prices is forecasted to be short lived and prices are projected to increase in 2024. These conditions indicate the need to reduce the supply rate in 2023 while maintaining the stabilization reserve balance at the maximum limit at the end of 2024 given the uncertainty in market prices and the desire to avoid sudden rate shocks. This would provide financial benefits to customers as well as sufficient funds in the stabilization reserve to absorb market volatility and maintain rate stability. Depending on actual market prices, the ability of KU to continue to secure reasonably priced deals and actual gas consumption volumes, the supply rate should be reviewed frequently and changed as needed subject to Council approval. Therefore, staff recommends the following: Page 113 of 122 • Decrease the supply rate from 20.85 cents per cubic meter to 16.70 cents per cubic meter effective November 1St, 2023, • Maintain the stabilization reserve at the maximum limit at the end of 2024, • Continuously monitor market prices and recommend changes to supply rate if needed. Figure 1 below shows historical and forecasted supply rate changes for Kitchener Utilities compared with market prices and Enbridge rates. KU's gas supply rate continues to be lower than Enbridge's gas supply rate for 2023. The forward market prices are provided by KU's consultants. These consultants are natural gas subject matter experts who are hired to provide natural gas market analysis, forecasts, gas models and assist in purchasing KU's natural gas portfolio. 50.0 45.0 40.0 35.0 30.0 L_ 25.0 ai Q 4` 20.0 C v 15.0 U 10.0 5.0 0.0 NCS IVIarKet Price VS KU GaS Kate VS En ridge GaS Kate W M O -1 (14 M 1:* Ln l0 r� W M O r -I N M RI U) (D r- W M O .--i N M 1:* U) l0 I- Q) al O O O O O O O O O O — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 KU Gas Rate - cents per m3 — — — — Enbridge Gas rate - cents per m3 Market Figure 1: Natural gas supply rates comparison Gas Delivery: There are two components to the delivery charges: a daily fixed charge, and a variable rate. There are four Delivery Rate Groups: M1, M2, M4 and M5, (complete definitions are in Attachment A). These rates service customers of different volumetric requirements. Delivery rates are usually changed in January; however, KU staff recommends changing delivery rates this time in conjunction with the supply rate starting November 1St, 2023. This would support customer preference for rate stability by combining the rate changes and avoid confusion from consecutive rate changes. The proposed delivery components of the natural gas rates starting November 1St, 2023, are shown in Attachment A. The key drivers of delivery rate changes are the following: Page 114 of 122 Market Forward market responsive ; � policy price 1 1 ' ' 1 i 11 1 PT V 1 1 ' 1 1 1 m I 14# W M O -1 (14 M 1:* Ln l0 r� W M O r -I N M RI U) (D r- W M O .--i N M 1:* U) l0 I- Q) al O O O O O O O O O O — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 KU Gas Rate - cents per m3 — — — — Enbridge Gas rate - cents per m3 Market Figure 1: Natural gas supply rates comparison Gas Delivery: There are two components to the delivery charges: a daily fixed charge, and a variable rate. There are four Delivery Rate Groups: M1, M2, M4 and M5, (complete definitions are in Attachment A). These rates service customers of different volumetric requirements. Delivery rates are usually changed in January; however, KU staff recommends changing delivery rates this time in conjunction with the supply rate starting November 1St, 2023. This would support customer preference for rate stability by combining the rate changes and avoid confusion from consecutive rate changes. The proposed delivery components of the natural gas rates starting November 1St, 2023, are shown in Attachment A. The key drivers of delivery rate changes are the following: Page 114 of 122 • Additional resources that are needed to meet Bill 93, Getting Ontario Connected Act, 2022 requirements, • A significant increase proposed by Enbridge to its rate that is applied to Kitchener Utilities as part of its rebasing application (2024-2028) submitted to the Ontario Energy Board (OEB). KU staff are intervening in the OEB proceeding and revising Enbridge contract parameters to reduce the impact of the proposed increases, • Additional funding to support Kitchener Utilities energy transition plans, • Critically low delivery stabilization reserve that should be increased to mitigate financial risks to the gas utility, • Inflationary increases to operating and capital expenditures. It is anticipated at this time that there will be no further delivery rate change in January 2024. Comparison with Enbridge: For an average system gas residential (Ml) customer, the total KU gas bill cost in 2023 is forecasted to be 12% lower than the cost of similar customer in Enbridge franchise area. Enbridge is proposing a significant increase to its M1 rates in 2024 however, a comparison for 2024 cannot be achieved now as Enbridge's supply and delivery rates have not been finalized yet. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: For an average system gas residential (M1) customer consuming 2,000 cubic meters annually, the proposed natural gas rates result in a decrease in the overall annual bill by approx. $53.00 for the period November 1St 1, 2023, to October 31St, 2024. This excludes the Federal Carbon Charge. The increase in delivery rates is necessary to mitigate financial risks to the delivery stabilization reserve. The stabilization reserve balance is forecasted to be below the 2023 budget estimate. This reserve is needed to absorb variances in revenues due to weather factors, (colder weather increases revenue and warmer weather decreases revenue) and to maintain rate stability through out the year. The 5 -year operating budget projection for gas delivery is presented in Attachment B. The natural gas supply stabilization reserve balance is forecasted to be higher than the 2023 budget estimate and therefore, a decrease in the supply rate intends to keep the balance towards the maximum benchmark of the reserve in 2024. The supply stabilization reserve is needed to absorb fluctuations in market prices and soften rate spikes. Due to uncertainty and volatility of gas markets, this reserve should be at the maximum balance to avoid rate shock for KU customers. The 5 -year operating budget projection for gas supply is presented in attachment C. Kitchener Utilities supports the Waterloo Region Energy Assistance Program. This program offers support to customers facing challenges paying their utility bills. The program is administered by the Region of Waterloo and offers support for both electricity and natural gas bills. Page 115 of 122 COMMUNITY ENGAGEMENT: INFORM - Kitchener Utilities will work with the Corporate Communications and Marketing Division to ensure that the rate change details are included in the Council Key Decisions media brief. A bill insert will be distributed with utility bills along with posting information on the Kitchener Utilities' and City websites. An on -bill message will also appear on October 2023 natural gas bills. This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • INS -2022-486: 2023 Natural Gas Rates APPROVED BY: Denise McGoldrick, General Manager Infrastructure Services. ATTACHMENTS: Attachment A — Natural Gas Rates Attachment B — 5 -year operating budget projection — Gas Delivery Attachment C — 5 -year operating budget projection — Gas Supply Page 116 of 122 APPENDIX A CORPORATION OF THE CITY OF KITCHENER NATURAL GAS GENERAL SERVICE RATE M1 Applicability To residential and non -contract commercial and industrial customers that consume less than 50,000 m3 per year. Rate Daily Fixed Charge And $ .7600 SUPPLY COMMODITY VARIABLE DE LIVERY NET RATE ¢/m3 ¢/m3 ¢/m3 16.7000 10.7371 27.4371 Meter Readines Gas consumption by each customer under this rate schedule shall be determined by periodic meter readings, provided that in circumstances beyond the control of the Corporation, such as strikes or non -access to a meter, The Corporation may estimate the monthly consumption between the meter readings and render a monthly bill to the customer. Effective November 1, 2023 Policv Relatine to Terms of Service 1) Gas purchased under this rate schedule shall not be resold, directly or indirectly by the customer, unless resold as "motor vehicle fuel gas", as that term is defined in Ontario Regulation 805/82. 2) Customers who temporarily discontinue service during any twelve consecutive months without payment of the monthly fixed charge for the months in which the gas is temporarily disconnected shall pay for disconnection and reconnection. Page 117 of 122 CORPORATION OF THE CITY OF KITCHENER NATURAL GAS GENERAL SERVICE RATE — M2 Applicability To residential and non -contract commercial and industrial customers that consume 50,000 m3 and more per year. Rate Daily Fixed Charge And $2.4500 SUPPLY COMMODITY VARIABLE DELIVERY NET RATE RATE ¢/m3 ¢/m3 ¢/m3 16.7000 9.5023 26.2023 Meter Readings Gas consumption by each customer under this rate schedule shall be determined by periodic meter readings, provided that in circumstances beyond the control of the Corporation, such as strikes or non -access to a meter, The Corporation may estimate the monthly consumption between the meter readings and render a monthly bill to the customer. Effective November 1, 2023 Policy Relating to Terms of Service 2) Gas purchased under this rate schedule shall not be resold, directly or indirectly by the customer, unless resold as "motor vehicle fuel gas", as that term is defined in Ontario Regulation 805/82. 3) Customers who temporarily discontinue service during any twelve consecutive months without payment of the monthly fixed charge for the months in which the gas is temporarily disconnected shall pay for disconnection and reconnection. Page 118 of 122 CORPORATION OF THE CITY OF KITCHENER NATURAL GAS FIRM INDUSTRIAL AND COMMERCIAL CONTRACT RATE — M4 Applicability To a customer who enters into a contract for a minimum term of one year, that specifies a daily contracted demand (CD) as follows: Between 2,400 m3 and 140,870 m3. Rate 1. Bills will be rendered monthly and shall be the total of i) A Fixed Demanc ii) A Variable Deli iii) A Monthly Gas Charge: First 8,450 m3 of the daily contracted demand, 67.9000 ¢/m3 Next 19,700 m3 of the daily contracted demand, 30.8000 ¢/m3 All m3 over 28,150m3 of the daily contracted demand, 16.8000 ¢/m3 very Charge (incl. storage): First 422,250 m3 delivered per month 2.0000 ¢/m3 Next volume equal to 15 days use of CD 2.0000 ¢/m3 Remainder of volumes delivered in the month 2.0000 ¢/m3 2. Over -run Charge Authorized overrun gas is available provided that it is authorized by the Corporation in advance. The Corporation will not unreasonably withhold authorization. Overrun means gas taken on any day in excess of 103% of contracted daily demand. Authorized overrun will be available April I through October 31, and will be paid for at the rate of 4.5813 ¢/m3 for the delivery and, if applicable, the federal carbon charge and the total gas supply rate of 16.70 ¢/m3. Unauthorized overrun in any month shall be paid for at the rate of 9.2371 ¢/m3 for the delivery and, if applicable, the federal carbon charge and the total gas supply charge for system -supplied volumes at the rate of 16.70 ¢/m3. 3. Minimum Annual Charge In each contract year, the customer shall purchase from the Corporation or pay for a minimum volume of gas equivalent to 150 days use of contracted demand. Overrun gas volumes will not contribute to the minimum volume. In the event that the customer shall not take such minimum volume, the customer shall pay an amount equal to the deficiency from the minimum volume times a rate of 2.497 ¢/m3, and if applicable, a total gas supply charge of 16.70 ¢/m3. In the event that the contract period exceeds one year, the annual minimum volume will be pro -rated for any part year. Effective November 1, 2023 Policy Relating to Terms of Service Gas purchased under this rate shall not be resold, directly or indirectly by the customer. Page 119 of 122 CORPORATION OF THE CITY OF KITCHENER NATURAL GAS INTERRUPTIBLE INDUSTRIAL AND COMMERCIAL CONTRACT RATE — M5 Applicability To a Customer who: A) Enters into a contract for a minimum term of one year that specifies a daily contracted demand between 2,400 m3 and 140,870 m3 inclusive and, B) Has an alternate fuel supply and combustion system available. Rate 1. The price of all gas delivered shall be determined on the basis of the following schedules: i) Monthly Fixed Charge $750.00 a. and ii) Delivery Charge (incl. storage): Dailv Contracted Demand Level (CD 2,400 m3 < CD < 17,000 m3 3.5539 ¢/m3 17,000 m3 < CD < 30,000 m3 2.7611 ¢/m3 30,000 m3 < CD < 50,000 m3 2.6859 ¢/m3 50,000 m3 < CD < 70,000 m3 2.6332 ¢/m3 70,000 m3 < CD < 100,000 m3 2.5955 ¢/m3 100,000 m3 < CD < 140,870 m3 1 2.5584 ¢/m3 iii) A Monthly Gas Supply Charge: Supply Commodity 16.7000 ¢/m3 2. Over -run Charge Overrun gas is available provided that it is authorized by the Corporation in advance. The Corporation will not unreasonably withhold authorization. Overrun means gas taken on any day in excess of 105% of contracted daily demand. Unauthorized overrun gas taken in any month shall be paid for at the rate of 10.7371 ¢/m3 for the delivery and, if applicable, the federal carbon charge and the total gas supply charge for system -supplied volumes at the rate of 16.70 ¢/m3. Unauthorized Overrun Non -Compliance Rate: Unauthorized overrun gas taken any month during a period when a notice of interruption is in effect shall be paid for at the rate of 234.72 ¢/m3 ($60 per GJ) for the delivery. 3. Minimum Annual Charge In each contract year, the customer shall purchase from the Corporation or pay for a minimum volume of gas equivalent to 150 days use of contracted demand. Overrun volumes will not contribute to the minimum volume. In the event that the customer shall not take such minimum volume, the customer shall pay an amount equal to the deficiency from the minimum volume multiplied by 4.0299 ¢/m3 for the delivery charge and if applicable, a gas supply charge of 16.70 ¢/m3. Effective November 1, 2023 Policy Relatine to Terms of Reference Gas purchased under this rate shall not be resold, directly or indirectly by the customer. 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