Council

That the agenda for the April 28, 2021 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the April 14, 2021 meeting of Council be approved, as presented. Council Minutes 21-007 April 28, 2021 Page 4 of 32 Result: Motion

That Council Communications 4.1 to 4.14 be approved, as amended, as follows: 4.1 Correspondence from Emily Kulpaka respecting ticketing unhoused and shelter space. Recommendation: Be received and referred to the General Manager of Healthy and Safe Communities for appropriate action. 4.2 Correspondence from the Ministry of Municipal Affairs and Housing respecting the Declaration of Provincial Emergency under the Emergency Management and Civil Protection Act and Amendments to the Reopening Ontario Act. Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action. 4.3 Correspondence from the Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee expressing their concerns with sidewalk snow clearing in the City of Hamilton and to offer their support to City Council to reverse the decision made by the Public Works Committee at its meeting on April 19, 2021. Recommendation: Be received and referred to the consideration of Item 2 of Public Works Committee Report 21-005. 4.4 Correspondence from the Ministry of Municipal Affairs and Housing respecting Enhanced Enforcement and New Order under the Emergence Management and Civil Protection Act (EMCPA). Council Minutes 21-007 April 28, 2021 Page 5 of 32 Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action. 4.5 Correspondence from Principles Integrity respecting the Code of Conduct Complaint Agains

That Council move into Committee of the Whole to consider the Committee Reports. Result: Motion

That the Mayor’s Task Force on Economic Report 21-002, being the meeting held on Friday, April 16, 2021, be received and the recommendations contained therein be approved. Due to a declared conflict, Item 1 was voted on separately, as follows: 1. Support for Emergency Funds for Post-Secondary Education Institutions and Stable Public Funding for Ontario’s Universities and Colleges (Added Item 8.1) Result: Motion on Item 1 of the Mayor’s Task Force on Economic Recovery Report 21- 002,

That Board of Health Report 21-004, being the meeting held on Monday, April 19, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Board of Health Report 21-004,

That Item (d)(i) respecting Sidewalk Snow Clearing Update (PW19022(c)), be lifted from the Information Section and added as Item 14 of the Public Works Committee Report 21-005. Result: Motion

That Item 14 of Public Works Committee Report 21-005 respecting Sidewalk Snow Clearing Update (PW19022(c)), be referred back to staff for a report back to the Public Works Committee by June 30, 2021 with additional information respecting the costs as a result of area rating and the sidewalks currently being cleared on transit routes. Result: Motion

That sub-section (g) 2. of Item 9 of the Planning Committee Report 21-006, respecting Report PED20093(a) - Secondary Dwelling Units in the Urban and Rural Areas - Zoning By- law and associated implementation amendments to the Parkland Dedication By-law and Tariff of Fees By-law for Minor Variance Applications (Committee of Adjustment Application Fee) (CI 20-E and CI 21-A), be deleted in its entirety with the remaining sub-sections being renumbering, to read as follows: 9. Secondary Dwelling Units in the Urban and Rural Areas - Zoning By-law and associated implementation amendments to the Parkland Dedication By-law and Tariff of Fees By-law for Minor Variance Applications (Committee of Adjustment Application Fee) (CI 20-E and CI 21-A) (PED20093(a)) (City Wide) (Item 10.1) (Item 10.1) (g) That staff be directed to amend the draft Zoning By-law regulations for Secondary Dwelling Units to add Schedules that were inadvertently omitted and to amend certain regulations in response to public input, on the following basis: 1. Add regulations and special figures to identify Carlisle, Lynden, Freelton, Greensville and lands south of Highway 8 within the Niagara Escarpment Plan Area to implement the Rural Hamilton Official Plan policy that prohibits secondary dwelling units in principle dwellings. (Zoning By-law No. 05-200) Council Minutes 21-007 April 28, 2021 Page 12 of 32 2. Add a site specific exception for the through lot properties located at Nos. 12 to 26 Bruce Street (even side o

That General Issues Committee Report 21-009, being the meeting held on Wednesday, April 21, 2021, be received and the recommendations contained therein be approved. At Council’s request, Item 5 (a) was voted on separately, as follows: 5. West Harbour Development Sub-Committee Report 21-001, April 13, 2021 (Item 10.3) (a) Pier 8 Animation Program and Hamilton Waterfront Trust (HWT) (Discovery) Centre - Status Update (PED21090) (Ward 2) (Item 10.1) Council Minutes 21-007 April 28, 2021 Page 17 of 32 (i) That staff be directed to prepare a long-term strategy including an assessment of the existing conditions of the Hamilton Waterfront Trust (former Discovery) Centre building, the cost of existing operations, future capital requirements, planning approvals, parking requirements, real estate evaluations, market soundings, and other relevant due diligence, and report back to the West Harbour Development Sub- Committee identifying options for future uses of the property, as well as various ownership and/or operating models; and, (ii) That staff be directed to promote the availability of the Hamilton Waterfront Trust (former Discovery) Centre property for lease, on the following conditions, and report back to the West Harbour Development Sub-Committee: (1) Any currently unoccupied and available space within and outside of the building; (2) Suitable uses being restricted to permitted zoning/land use regulations, with a preference for outdoor year-round programming/animation, and a des

That the resolution for Item 8 of the General Issues Committee Report 21-009, respecting Report LS20014(a) - Red Hill Valley Parkway Class Action Update, be deleted in its entirety and replaced with the following in lieu thereof, to read as follows: 8. Red Hill Valley Parkway Class Action Update (LS20014(a)) (City Wide) (Item 14.3) That Report LS20014(a), respecting the Red Hill Valley Parkway Class Action Update, remain confidential. Council Minutes 21-007 April 28, 2021 Page 19 of 32 That Report LS20014(a), respecting the Red Hill Valley Parkway Class Action Update, and a redacted copy of Appendix “A” to Report LS20014(a), be released to the public. Result: Motion on Item 8, as Amended of the General Issues Committee Report 21- 009,

That Audit, Finance and Administration Committee Report 21-006, being the meeting held on Thursday, April 22, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Audit, Finance and Administration Committee Report 21-006,

That sub-section (b) of Item 2 of the Emergency and Community Services Committee Report 21-004, respecting Report HSC19011(a) - Tenant Defence Fund, be amended to read as follows: 2. Tenant Defence Fund (HSC19011(a)) (City Wide) (Item 10.1) (b) That staff draft a letter to the Minister of Municipal Affairs, copied for information purposes only to the Landlord Tenancy Board, outlining the City of Hamilton's experiences and concerns with the process and proliferation of evictions currently occurring, and the loss of affordable housing stock and increase in homelessness as a result. Result: Motion on the Amendment to Item 2 (b) of the Emergency and Community Services Committee Report 21-004,

That the Committee of the Whole Rise and Report. Result: Motion

WHEREAS, on November 4, 2020 through Report HSC20056, Council authorized and directed the General Manager of the Healthy and Safe Communities Department or his designate to enter into the Rapid Housing Initiative Contribution Agreement with the Canada Mortgage and Housing Corporation (CMHC) to accept Hamilton’s Rapid Housing Initiative Major Cities Stream allocation of $10,760,585 for the creation of new affordable housing units; WHEREAS on November 6, 2020 the General Manager of the Healthy and Safe Communities Department entered into the Rapid Housing Initiative Agreement with CMHC to create a rapid supply of affordable housing, and which requires that all projects be completed by December 4, 2021; WHEREAS the City of Hamilton recommended and approved the Options for Independent Living and Development 137 George Street modular affordable housing project for funding under the RHI Major Cities Stream as set out in the City’s Investment Plan; and, WHEREAS, the Rapid Housing Initiative will deliver much needed affordable supportive housing units within Hamilton; THEREFORE, BE IT RESOLVED: That the Chief Building Official be authorized and directed to exempt the 137 George Street affordable housing development project from Demolition Control By-law 09-208 sections 6(a), (b), and (c), in accordance with By-law 09-208, as amended by By-law 13-185, pursuant to Section 33 of the Planning Act as amended to permit the issuance of a demolition permit in a timely manner. Result: Motion

That Item 3 of the February 6, 2020 Audit, Finance & Administration Committee Report 20-002, respecting a Compassionate Grant for Development Charges to Agricultural Societies Without a Farm Business Registration, which was approved by Council on February 12, 2020 and reads as follows, be reconsidered: 3. Compassionate Grant for Development Charges to Agricultural Societies Without a Farm Business Registration (Item 11.1) WHEREAS the City of Hamilton Development Charges By-law 19-142 was effective on June 13, 2019; WHEREAS Development Charges By-law 19-142 approved development charge exemptions for development of properties with Agricultural Use with a farm business registration number; WHEREAS the City of Hamilton’s three agricultural societies, owners of property used for agricultural purposes but not eligible for a farm business registration number, are as follows: Ancaster Agricultural Society, 630 Trinity Road South, Jerseyville, Ontario, L0R 1R0; Binbrook Agricultural Society, 2600 Regional Road #56, Binbrook, Ontario, L0R 1C0; and, Rockton Agricultural Society, 812 Old Highway 8, Rockton, ON L0R 1X0; WHEREAS the Agriculture & Rural Affairs Advisory Committee at its meeting of November 25, 2019 approved minutes in support of all Agricultural Societies in Hamilton (Rockton, Binbrook and Ancaster) being exempted from Development Charges; Council Minutes 21-007 April 28, 2021 Page 26 of 32 THEREFORE BE IT RESOLVED: (a) That the General Manager of Finance and Corporate Serv

WHEREAS, Council has previously approved Item 3, of the February 6, 2020 Audit, Finance & Administration Committee Report 20-002, respecting a Compassionate Grant for Development Charges to Agricultural Societies Without a Farm Business Registration at their meeting of February 12, 2020; WHEREAS, there are limited options for registering that agreement on title and having a collateral mortgage registered on title has, in effect, limited one of the Society’s financial standing and will put others in the same position without modifications to the terms of the Compassionate Grant; and Council Minutes 21-007 April 28, 2021 Page 28 of 32 WHEREAS, Audit, Finance & Administration Committee, at it’s meeting of April 22, 2021 discussed the risks of not requiring registration of said Compassionate Grants on title. THEREFORE BE IT RESOLVED: That sub-sections (a) and (b) of Item 3 of the February 6, 2020 Audit, Finance & Administration Committee Report 20-002, respecting a Compassionate Grant for Development Charges to Agricultural Societies Without a Farm Business Registration be deleted in their entirety, and replaced by the following: (a) That the General Manager of Finance and Corporate Services be authorized to develop a compassionate grant agreement for agricultural societies for development charges in a form satisfactory to the City Solicitor with any Development Charges exemptions being funded from unallocated capital levy reserve (#108020); and, (b) That the City’s Agricultural

That the Rules of Order be waived to allow for the introduction of a Motion respecting the Reconsideration of Item 3 of Audit, Finance & Administration Committee Report 20-002 respecting a Compassionate Grant for Development Charges to Agricultural Societies Without a Farm Business Registration approved by Council on February 12, 2020. Result: Motion

That the listing of Council Communication Updates from April 9, 2021 to April 22, 2021, be received. Result: Motion

That Bills No. 21-054 to No. 21-065 be passed and that the Corporate Seal be affixed thereto, and that the By-laws, be numbered, be signed by the Mayor and the City Clerk to read as follows: 054 To Amend By-law No. 01-215, Being a By-law to Regulate Traffic Schedule 2 (Speed Limits) Schedule 3 (Flashing School Zones – Reduced Speed Limit) Schedule 13 (Designated Traffic Lanes) Ward: 3, 5, 6, 9, 10, 11 055 To Amend By-law No. 11-040, to Establish Retention Periods to Records of the City of Hamilton Ward: City Wide 056 To Adopt Official Plan Amendment No. 147 to the Urban Hamilton Official Plan, respecting 196 George Street (former City of Hamilton) Ward: 1 Council Minutes 21-007 April 28, 2021 Page 31 of 32 057 To Amend Zoning By-law No. 6593 Respecting Lands Located at 196 George Street, Hamilton ZAC-19-023 UHOPA-19-006 Ward: 1 058 To Adopt Official Plan Amendment No. 148 to the Urban Hamilton Official Plan, respecting 555 Sanatorium Road (former City of Hamilton) Ward: 14 059 To Amend Zoning By-law No. 05-200 with Respect to Lands Located at 555 Sanatorium Road, Hamilton ZAC-20-009 UHOPA-20-04 Ward: 14 060 To Amend Zoning By-law No. 6593, Respecting Lands Located at 18 Miles Road, Hamilton ZAR-19-026 Ward: 7 061 To Amend By-law No. 01-218, as amended, Being a By-law to Regulate On-Street Parking Schedule 6 (Time Limit Parking) Schedule 8 (No Parking Zones) Schedule 12 (Permit Parking Zones) Schedule 13 (No Stopping Zones) Schedule 23 (Special Enforcement Area) Ward: 1, 2, 5,

That, there being no further business, City Council be adjourned at 4:54 p.m. Result: Motion