City of Hamilton
 
 
CITY COUNCIL
REVISED

21-005

Wednesday, March 31, 2021 at 9:30 A.m. - 10:30 A.m.

Due to the COVID-19 and the Closure of City Hall

All electronic meetings can be viewed at:

City’s Website: https://www.hamilton.ca/council-committee/council-committee-meetings/meetings-and-agendas

City's YouTube Channel: https://www.youtube.com/user/InsideCityofHamilton or Cable 14

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Call to Order

1.

APPROVAL OF AGENDA

(Added Items, if applicable, will be noted with *)

2.

DECLARATIONS OF INTEREST

3.

APPROVAL OF MINUTES OF PREVIOUS MEETING

3.1

February 24, 2021

4.

COMMUNICATIONS

4.1

Correspondence from Joshua Weresch respecting the payment of property taxes and use of those taxes for the support of the Hamilton Policing Services.

Recommendation: Be received and referred to the General Manager of Finance and Corporate Services for appropriate action.

4.2

Correspondence from Halton Region respecting their resolution regarding Boundary Road Agreements between Halton Region and the Regional Municipality of Peel, the City of Hamilton, the City of Mississauga and the Township of Guelph/Eramosa.

Recommendation: Be received and referred to the General Manager of Public Works for appropriate action.

4.3

Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing advising the City of Hamilton that the Government of Ontario will be providing funding of up $400,000 towards the Hamilton Accessible Transportation Services (ATS)

Eligibility Audit for the cost of an independent third-party reviewer to deliver a final report with specific and actionable recommendations for cost-savings and efficiencies by October 15, 2021.

Recommendation: Be received and referred to the General Manager of Public Works for appropriate action.

4.4

Correspondence from Halton Region to the Right Honourable Justin Trudeau requesting support for their resolution advocating to the Federal Government to enhance federal health care funding to the Provinces and Territories, specifically dedicating funding

to long-term care, and to undertake further efforts to protect, promote and restore the physical and mental well-being of long-term care residents in Canada.

Recommendation: Be endorsed.

4.5

Correspondence from Arthur Shipping to the Hamilton Police Services Board respecting a mug that was designed and distributed to members of the police services forensic division.

Recommendation: Be received.

4.6

Correspondence from the City of Sarnia requesting support for their resolution strongly advocating to the Province of Ontario to adjust the capacity limits for dining, restaurants, sporting and recreational facilities, places of worship, event centers

and all retail/small businesses as part of the colour coded system.

Recommendation: Be received.

4.7

Correspondence from Mark Broadbent respecting the purchase and sale of 60 Caledon Ave, Yeoville Neighbourhood.

Recommendation: Be received.

4.8

Correspondence from Ryan Memme, Memco Ventures Inc., a Hamilton business owner and landlord, vehemently opposed to the Hamilton LRT.

Recommendation: Be received and referred to the General Manager of Planning and Economic Development.

4.9

Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing informing the City of Hamilton of the Government of Ontario's committed financial support to the City of Hamilton in the amount of $18,681,919.00,

through the 2021 COVID-19 Recovery Funding for Municipalities program in order to support the City's COVID-19 operating costs and pressures. (Signed by the Treasurer and returned to the Ministry by the March 31, 2021 deadline)

Recommendation: Be received.

4.10

Correspondence from Zoe Kazakos respecting palm products in dairy cows feed.

Recommendation: Be received.

4.11

Correspondence from Hamilton Social Medicine Response Team commending Council for voting to petition the Ford government to include universal paid sick days in its pandemic response, which recognizes its importance to containing the COVID-19 pandemic by

ensuring that workers need not choose between potentially spreading COVID and putting food on the table or paying rent.

Recommendation: Be received.

4.12

Correspondence from the Ancaster Tennis Club requesting an extension of a loan in the amount of $650,000 over 15 years in order to finalize the covering of the 5 courts at the Ancaster Tennis Club in the Village Green Park in downtown Ancaster with

a Dome structure.

Recommendation: Be received and referred to the General Manager of Finance and Corporate Services for appropriate action.

4.13

Correspondence from Halton Region requesting support for their resolution requesting that the Province enable Halton Region to delay its final report on its Official Plan Review until proper, in person, informed consultation with the public can be

conducted and that the Province suspend the conformity deadline until the impacts of the pandemic on growth planning can be better understood and addressed as part of the land needs assessment framework.

Recommendation: Be endorsed.

4.14

Correspondence from the Honourable Caroline Mulroney, Minister of Transportation informing the City of Hamilton of the Government of Ontario's revised Phase 3 funding amount in the amount of $16,822.206 to support the Municipality's COVID-19 municipal

transit financial impacts and costs related to transit initiatives, including fare and service integration, on-demand microtransit, and transformation of transit structures/governance between April 1, 2021 and December 31, 2021.

Recommendation: Be received.

4.15

Correspondence from the Hamilton Conservation Authority respecting the Hamilton Conservation Authority Board of Directors resolution related to proclaimed provisions of the Conservation Authorities Act.

Recommendation: Be received and referred to the consideration of Item 6.4, Conservation Authorities Act - Hamilton Conservation Authority Board of Directors

4.16

Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing conforming the City of Hamilton's additional provincial funding in the amount of $12,301,538 through a third phase of Ontario's Social Services Relief Fund (SSRF).

(Signed by the City Manager and returned to the Ministry with a completed Investment Plan by the deadline of March 22, 2021)

Recommendation: Be received.

4.17

Correspondence from Chandra Sharma, CAO/Secretary-Treasurer, Niagara Peninsula Conservation Authority (NPCA) respecting the Board's adopted resolution requesting partner municipalities to initiate the process of determining NPCA Board composition and

associated NPCA’s partner correspondence regarding matters related to Bill 229 appointments to be completed in time for the NPCA's January 2023 Annual General Meeting (AGM).

Recommendation: Be received and referred to the General Manager of Finance and Corporate Services for appropriate action.

4.18

Correspondence from the Municipality of Grey Highlands requesting support for their resolution requesting the Premier and Minister of Municipal Affairs and Housing stop using Minister's Zoning Orders and urging the Provincial Government to move forward

with COVID recovery actions that promote development that simultaneously protects natural areas, farmland and water sources while creating affordable homes and new jobs in a way that is cost effective to residents and municipalities.

Recommendation: Be supported.

4.19

Correspondence from the City of Burlington requesting support for their resolution calling for the Federal and Provincial governments to support the survival of restaurants and the hospitality industry.

Recommendation: Be endorsed.

4.20

Correspondence from the Hamilton Police Services Board respecting the Feasibility of Launching Project 529 (to reduce bike theft) in the City of Hamilton.

Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action and to the Hamilton Cycling Committee for information.

4.21

Correspondence from the Municipality of Tweed requesting support for their resolution advocating for the reform of joint and several liability.

Recommendation: Be received and referred to Legal and Risk Management Services for review and report back to the Audit, Finance and Administration Committee.

4.22

Correspondence from the Township of South Glengarry requesting support for their resolution urging the Premier and the Province of Ontario to procure approved COVID-19 vaccines to be distributed to the residents of the Province of Ontario, increase the

Province's vaccination rate to keep pace with the doses that have been received and accelerate the launch of its COVID-19 vaccine booking system.

Recommendation: Be received.

4.23

Correspondence from Members of Parliament Peter Julian, Jenny Kwan and Don Davies thanking the City of Hamilton for their support of Bill C-213, the Canada Pharmacare Act.

Recommendation: Be received.

4.24

Correspondence from Jackie Stagen respecting a petition containing 282 signatures requesting that the City intervene to protect the original structure of St. Giles Church in Hamilton.

Recommendation: Be received.

4.25

Correspondence from the Town on Plymptom-Wyoming requesting support for their resolution requesting that the Federal Government consider the concerns of the agricultural community and move to exempt all primary agriculture producers from current and

future carbon taxes.

Recommendation: Be received.

4.26

Correspondence from Ontario Recreation Facilities Association Inc. (OFRA) recognizing the recreation facility professionals within our organization and thanking them for their commitment and resilience to ensuring safe and enjoyable recreational

activities and spaces.

Recommendation: Be received.

4.27

Correspondence from the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks advising the City that Ministry is moving forward with the Consolidated Linear Infrastructure Approach for stormwater and sewage collection systems.

Recommendation: Be received and referred to the General Manager of Public Works for appropriate action.

4.28

Correspondence from the Ministry of Municipal Affairs and Housing respecting Capacity Limit Changes for Some Events in Grey-Lockdown, Phase 1 COVID Vaccination Plan for Frontline Emergency Personnel and New COVID Border Testing Orders.

Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action.

4.29

Correspondence from Toni Bertenthal respecting the notice received regarding the protection against needed repairs to the Exterior Water Line and the recommended service provider.

Recommendation: Be received and referred to the General Manager of Public Works for appropriate action.

4.30

Correspondence from Township of Brock requesting support for their resolution respecting Cannabis Licencing and Enforcement.

Recommendation: Be received.

4.31

Correspondence from Sylvia Parr, Chair, Ancaster Senior Achievement Centre Advisory Board requesting approval for the construction of 3 Pickleball Courts at the Ancaster Senior Achievement Centre.

Recommendation: Be received and referred to the consideration of Item 6.7 - Pickleball Courts at the Ancaster Senior Achievement Centre

4.32

Correspondence from Niagara Region requesting support for their resolution respecting Homelessness, Mental Health and Addiction in Niagara.

Recommendation: Be received.

4.33

Correspondence from the Town of Fort Erie requesting support for their resolution respecting McNally House Hospice's Life in Every Moment Campaign.

Recommendation: Be received.

4.34

Correspondence from Kika Otiono and Gurinder Sandhu, MD Candidates, Hamilton Health Workers for Alternatives to Policing (HHWAP) respecting Permanent Paid Sick Leave as a Public Health Measure.

Recommendation: Be received.

4.35

Correspondence respecting Applications for Urban Hamilton Official Plan Amendment and Zoning By-law Amendment for lands located at 804-816 King Street West, Hamilton (PED21025) (Ward 1):

4.35.a

Lan Wang

4.35.b

John Petrie

4.35.c

Jinchuan Wang

Recommendation: Be received and referred to the consideration of Item 3 of Planning Committee Report 20-004.

4.36

Correspondence from the Hamilton and District Apartment Association respecting Property Standards By-law Review.

Recommendation: Be received and referred to the consideration of Item 4 of Planning Committee Report 21-004.

4.37

Correspondence from the Municipality of Calvin requesting support for their resolution respecting permanently legislated universal paid sick days for all workers in Ontario during the pandemic and beyond, regardless of workplace size, type of work or

immigration status.

Recommendation: Be received.

4.38

Correspondence from the Office of the Prime Minister acknowledging receipt and the forwarding of the Mayor's letter respecting a resolution in relation to economic recovery initiatives.

Recommendation: Be received.

4.39

Correspondence from the Office of the Prime Minister acknowledging receipt and the forwarding of the Mayor's letter respecting a resolution in relation to support for small businesses.

Recommendation: Be received.

4.40

Correspondence from the Ministry of Municipal Affairs and Housing respecting Amendments to Orders under the Reopening Ontario (A Flexible Response to COVID-19) Act.

Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action.

4.41

Correspondence respecting GRIDS 2 and Municipal Comprehensive Review – Final Land Needs Assessment (PED17010(i)):

4.41.a

David Falletta, Bousfields Inc.

4.41.b

Naomi Miller, MD

4.41.c

Yuki Hayashi

4.41.d

Rev. Shawn Erb, Chair, Association of Dundas Churches

4.41.e

Candy Venning

4.41.f

Gerry Tchisler, MHBC Planning Urban Design & Landscape Architecture

4.41.g

Dr. Haider Saeed

4.41.h

Jennifer Dawson

4.41.i

Krystyna DunnBlacklock

4.41.j

Alison Diamond

4.41.k

Marissa Bonilla Diamond

4.41.l

Lee-Ann Holloway

4.41.m

Linda Lannigan, Fix Our World Team

4.41.n

Rosemary Horsewood

4.41.o

Janet O'Sullivan and David Shea

4.41.p

Roman Caruk

4.41.q

Robyn Hansen

4.41.r

Ariekay King

4.41.s

Ricardo Bonilla Diamond

4.41.t

Jessica Gale

4.41.u

Dea Bozzo

4.41.v

Rochelle Butler

4.41.w

Mary Anne Peters

4.41.x

Joelle Bolton-South

4.41.y

Jen Rau

4.41.z

Ruth and Harold Greene

4.41.aa

Lisa Savard-Quong

4.41.ab

Martin Quarcoopome, Weston Consulting

4.41.ac

Darlene MacNeil

4.41.ad

Rebecca Rosart

4.41.ae

Mike Weber

4.41.af

Gerry Benson

4.41.ag

Maggie Mahoney

4.41.ah

Joel Geleynse

4.41.ai

Jan Keeton and Stephen McBride

4.41.aj

Kojo Damptey

4.41.ak

Jaleen Grove

4.41.al

XR Hamilton Indigenous Affinity Group

4.41.am

M. Knott

4.41.an

Mervyn Russell

Recommendation: Be received and referred to the consideration of Item 1 of Special General Issues Report 21-007.

4.42

Correspondence from Conservation Halton respecting the Proposed Planning Act Amendment Regarding Minister's Zoning Orders.

Recommendation: Be received.

4.43

Correspondence the Honourable Peter Bethlenfalvy, Minister of Finance and President of the Treasury Board providing an update on the Ontario Cannabis Legalization Implementation Fund (OCLIF).

Recommendation: Be received.

4.44

Correspondence from Debbie France respecting the Health Canada Cannabis Consultation Open for Comment until May 7/21.

recommendation: Be received.

5.

COMMITTEE REPORTS

5.1

General Issues Committee (2021 Operating Budget) - Report 21-002

5.2

Special General Issues Committee (Chedoke Creek Remediation) - Report 21-005 - March 17, 2021

5.3

Selection Committee - Report 21-002 - March 18, 2021

5.4

Board of Health - Report 21-003 - March 22, 2021

5.5

Public Works Committee - Report 21-004 - March 22, 2021

5.6

Planning Committee - Report 21-004 - March 23, 2021

5.7

General Issues Committee - Report 21-006 - March 24, 2021

5.8

Audit, Finance and Administration Committee - Report 21-004 - March 25, 2021

5.9

Emergency and Community Services Committee - Report 21-002 - March 25, 2021

5.10

Special General Issues Committee (GRIDS 2) - Report 21-007 - March 29, 2021 

6.

MOTIONS

6.1

To Permit Copetown General Store to Operate the LCBO Convenience Outlet Component of their Business on Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day

6.2

To Permit Lynden General Store to Operate the LCBO Convenience Outlet Component of Their Business on Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day

6.3

To Permit Carlisle Cleaners & LCBO/Beer Store to Operate the LCBO Convenience Outlet Component of Their Business on Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day

6.4

Conservation Authorities Act - Hamilton Conservation Authority Board of Directors

6.5

Absence - Councillor Terry Whitehead

6.6

Demolition Permit for 690 Crooks Hollow Road, Flamborough

6.7

Pickleball Courts at the Ancaster Senior Achievement Centre

6.8

Official Objection to the Alcohol and Gaming Commission of Ontario

7.

NOTICES OF MOTIONS

8.

STATEMENT BY MEMBERS (non-debatable)

9.

COUNCIL COMMUNICATION UPDATES

9.1

February 25, 2021 to March 25, 2021

10.

PRIVATE AND CONFIDENTIAL

10.1

Appointments to the Hamilton Farmers' Market Board for the 2018-2022 Term

Pursuant to Section 9.1, Sub-section (b) of the City's Procedural By-law 21-021; and, Section 239(2), Sub-section (b) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to personal matters about an identifiable individual, including City or a local board employees.

10.2

Ontario Ombudsman’s Preliminary Report regarding the alleged closed meeting of the October 20, 2020, the Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee. (Item 4.2 of the November 25, 2020 Council Agenda) 

Pursuant to Section 9.2, Sub-section (b) of the City's Procedural By-law 21-021; and, Section 239(3), Sub-section (b) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to an ongoing investigation respecting the City or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act.

10.3

Litigation Update and Approval of Directions to Counsel (LS21014) (City Wide)

Pursuant to Section 9.1, Sub-section (b), (e), (f) and (k) of the City's Procedural By-law 21-021; and, Section 239(2), Sub-section (b), (e), (f) and (k)of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to personal matters about an identifiable individual, including City or a local board employees; litigation or potential litigation, including matters before administrative tribunals, affecting the City or a local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City or a local board.

11.

BY-LAWS AND CONFIRMING BY-LAW

11.1

027

To Amend By-law No. 01-218, as amended, Being a By-law to Regulate On-Street Parking

Schedule 5 (Parking Meters)

Schedule 12 (Permit Parking Zones)

Schedule 13 (No Stopping Zones)

Ward: 2, 3, 4, 13

11.2

028

To Amend By-law No. 01-218, as amended, Being a By-law to Regulate On-Street Parking

Schedule 2 (Through Highways)

Schedule 8 (No Parking Zones)

Schedule 12 (Permit Parking Zones)

Schedule 13 (No Stopping Zones)

Schedule 15 (Commercial Vehicle Loading Zones)

Schedule 23 (Special Enforcement Area – Tiffany and Sherman Falls)

Ward: 1, 2, 3, 10, 11, 12, 13, 14

11.3

029

To Permanently Close and Sell a Portion of Beasley Grove, Being Block 233 on Plan 62M-1237

Ward: 12

11.4

030

To Permanently Close and Sell a Portion of Cooley Grove, Being Block 238 on Plan 62M-1237

Ward: 12

11.5

031

To Amend By-law No. 01-215, Being a By-law to Regulate Traffic

Schedule 5 (Stop Control)

Ward: 9

11.6

032

Respecting Removal of Part Lot Control for Blocks 232, 233, 234, 236, 237, 238, 256 and 258  of Registered Plan of Subdivision No. 62M-1237,  municipally Known as 116 and 134 Robertson Road; 4, 6, 8, 10, 12, 14, 30, 42, 44, 46, 48, 50, 52, 56 Beasley Grove; and 3, 5, 7, 9, 11 and 13 Cooley Grove, Ancaster

PLC-20-014

Ward: 12

11.7

033

Respecting Removal of Part Lot Control, Block 26, Part of Block 27 and Part of Block 28, of Registered Plan of Subdivision No. 62M-1241, “Foothills of Winona – Phases 2 and 3”, municipally Known as 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 26, 28 and 30 Foothills Lane, Stoney Creek

PLC-20-010

Ward: 10

11.8

034

To Designate Land Located at 85 King Street East and 4-12 John Street North, City of Hamilton as Property of Cultural Heritage Value

Ward: 2

11.9

035

To Designate Land Located at 1389 Progreston Road, Flamborough, City of Hamilton as Property of Cultural Heritage Value or Interest

Ward: 15

11.10

036

To Designate Land Located at 828 Sanatorium Road and 870 Scenic Drive, City of Hamilton as Property of Cultural Heritage Value

Ward: 14

11.11

037

To Adopt Official Plan Amendment No. 145 to the Urban Hamilton Official Plan Respecting 211 and 225 John Street South and 78 Young Street, Hamilton

Ward: 2

11.12

038

To Amend Zoning By-law No. 05-200, Respecting Lands Located at 211 and 225 John Street South and 78 Young Street, Hamilton

ZAC-18-041

Ward: 2

11.13

039

To Adopt Official Plan Amendment No. 27 to the Rural Hamilton Official Plan Respecting 2069 Binbrook Road, Glanbrook

Ward: 11

11.14

040

To Amend Zoning By-law No. 05-200 with Respect to Lands Located at 2069 Binbrook Road, Glanbrook

ZAC-20-022/RHOPA-20-014

Ward: 11

11.15

041

To Amend Hamilton Zoning By-law No. 05-200, Respecting Lands Located at 70 Garner Road East, Ancaster

ZAH-20-039

Ward: 12

11.16

042

Respecting Removal of Part Lot Control, Block 4, Registered Plan No. 62M-1255, municipally known as 69, 71, 73, 75, 77, 79, 81, 83, 85, 87, 89, 91, 93, 95, 97 and 99 Beasley Grove, Ancaster

PLC-20-004

Ward: 12

11.17

043

Respecting Removal of Part Lot Control, Blocks 90 and 91, Registered Plan No. 62M-1249 “Empire Caterini – Phase 1”, municipally known as 325, 327, 329, 331, 333, 335, 339, 341 and 343 Pumpkin Pass

PLC-20-011

Ward: 11

11.18

044

Respecting Removal of Part Lot Control, Lot 57 within Registered Plan No. 62M-1257 as well as Blocks 9, 10, 11, and Lots 1 and 2 within Registered Plan No. 1262, municipally known as 59, 63, 67, 71, 75 and 150 Cuesta Heights

PLC-20-007

Ward: 9

11.19

045

To Confirm the Proceedings of City Council

12.

ADJOURNMENT