Council

That the agenda for the July 9, 2021 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the June 23, 2021 meeting of Council be approved, as presented. Result: Motion

That Council Communications 4.1 to 4.15 be approved, as amended, as follows: 4.1 Correspondence from the Township of Huron-Kinloss requesting support for their resolution in support of domestic production of a COVID-19 vaccine. Recommendation: Be received. 4.2 Correspondence from the Town of Fort Erie requesting support for their resolution requesting that the Federal Government consider prohibiting the ability to obtain a licence to grow cannabis if any of the owners including those owners within a corporation have ever been convicted of operating an illegal cannabis operation. Council Minutes 21-012 July 9, 2021 Page 6 of 39 Recommendation: Be received. 4.3 Correspondence from Grant Bivol, Clerk/Board Secretariat, Niagara Peninsula Conservation Authority respecting their resolution referring the transition actions listed in Report FA-41-21 (Revised) to their Governance Committee for consideration of next steps including discussions with municipal partners. Recommendation: Be received. 4.4 Correspondence from the Office of the Ontario Ombudsman respecting the complaints about the display of electronic vote results. Recommendation: Be received. 4.5 Correspondence from Gary Carr, Regional Chair, Halton Region requesting support for their resolution respecting the protection of Glen Abbey Lands. Recommendation: Be supported. 4.6 Correspondence from Stantec Consulting Ltd. respecting Imperial Oil Pipeline Relocation Project - Notice of Study Commencement. Recommendation: Be rece

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

That Section 5.8(2) of the City’s Procedural By-law 21-021, which provides that a minimum of 2 days shall pass before the Report of a Standing Committee, the Selection Committee, or other Committee that reports directly to Council is presented to Council to provide adequate opportunity for review, be waived in order to consider the General Issues Committee Report 21-014; Planning Committee Report 21-011; Board of Health Report 21- 007, Public Works Committee Report 21-010, Audit, Finance and Administration Committee Report 21-011 and Emergency and Community Services Committee Report 21-008. Result: Motion

That General Issues Committee Report 21-014, being the meeting held on Monday, July 5, 2021, be received and the recommendations contained therein be approved. Due to a declared conflict, Item 6 was voted on separately, as follows: 6. School Board Properties Sub-Committee Report 21-002, June 22, 2021 (Item 10.5) (a) Hamilton-Wentworth District School Board Property at 350 Albright Road, Stoney Creek (PED21128) (Ward 5) (Item 10.1) (i) That staff be authorized and directed to advise the Hamilton-Wentworth District School Board (HWDSB) that the City of Hamilton has no interest in acquiring its property located at 350 Albright Road, Stoney Creek, as shown on Appendix “A” attached to Report PED21128; and, (ii) That staff be directed to advise the Hamilton-Wentworth District School Board of the City of Hamilton’s site development requirements, as identified in Appendix “B” attached to Report PED21128. Council Minutes 21-012 July 9, 2021 Page 11 of 39 (b) Hamilton-Wentworth District School Board Property at 140 Glen Echo Drive, Stoney Creek (PED21129) (Ward 5) (Item 10.2) (i) That staff be authorized and directed to advise the Hamilton-Wentworth District School Board (HWDSB) that the City of Hamilton has no interest in acquiring its property located at 140 Glen Echo Drive, Stoney Creek, as shown on Appendix “A” attached to Report PED21129; and, (ii) That staff be directed to advise the Hamilton-Wentworth District School Board of the City of Hamilton’s site development requirements,

That the motion to defer consideration of Report PED21113 to the September 7, 2021 Planning Committee meeting, be lifted and added as Item 14 of the Planning Committee Report 21-011. Result: Motion

That the consideration of Report PED21113 respecting the Application for a Zoning By-law Amendment for Lands Located at 1269 Mohawk Road, Ancaster, be deferred to the September 7, 2021 Planning Committee meeting. Result: Motion on Item 14 of the Planning Committee Report 21-011,

(a) That amended Zoning By-law Amendment Application ZAC-19-006, by Shine Mohawk Independent Living Enterprises Ltd. (Owner), for a change in zoning from the Agricultural “A” Zone (Block 1) and the Residential “R4-666” Zone, Modified (Block 2) to a Holding Residential Multiple “H-RM6-708” Zone, Modified, to facilitate the development of a four-storey, 19-unit multiple dwelling with 35 parking spaces on lands located at 1269 Mohawk Road (Ancaster), as shown on Appendix “A” to Report PED21113, be APPROVED on the following basis: (i) That the draft By-law attached as Appendix “B” to Report PED21113, which has been prepared in a form satisfactory to the City Solicitor, be enacted by City Council; (ii) That the amending By-law apply the Holding Provision of Section 36(1) of the Planning Act, R.S.O. 1990 to the subject property by introducing the Holding symbol ‘H’ to the proposed Residential Multiple “RM6-708” Zone, Modified, with the ‘H’ symbol being eligible to be removed conditional upon: (1) That the owner shall submit and receive approval of a Documentation and Salvage Report which further details the approach for removing, labelling, storing, and if required, reassembly of material salvaged from the removal of any portions of existing building, to the satisfaction of the Director of Planning and Chief Planner. (2) That the owner shall submit and receive approval of a Stage 3 (and if required, Stage 4) archaeological assessment for the site to the satisfaction of the Director

That Item 2 of Planning Committee Report 21-011, be amended to read as follows: (a) That the Chief Building Official be authorized to issue a demolition permit for 202 Cannon Street East, Hamilton in accordance with By-law 09-208, as amended by By-law 13-185, pursuant to Section 33 of The Planning Act, without the applicant having to apply for and receive a building permit for a replacement building on the property at the same time as the demolition permit, subject to the following conditions: (i) That if the replacement building is not erected within two years of the demolition of the existing building on the property, the City be paid the sum of $20,000 which sum: (1) the City Clerk is authorized to enter on the collector’s roll and collect in like manner as municipal taxes; (2) is a lien or charge on the property until paid; and, (b) That the applicant be required to register on title to the subject property (prior to issuance of the said demolition permit), notice of these conditions in a form satisfactory to the Chief Building Official and the City Solicitor. Result: Motion on Item 2 of the Planning Committee Report 21-011 As Amended,

That Board of Health Report 21-007, being the meeting held on Wednesday, July 7, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Board of Health Report 21-007,

That Public Works Committee Report 21-010, being the meeting held on Wednesday, July 7, 2021, be received and the recommendations contained therein be approved. At Council’s request, Item 3 was voted on separately, as follows: 3. Proposed Permanent Closure and Sale of a Portion of Public Unassumed Alley Abutting 315B Aberdeen Avenue, Hamilton (PW21041) (Ward 1) (Item 9.2) (a) That the application of the owner of 315B Aberdeen Avenue, Hamilton, to permanently close and purchase a portion of the unassumed alleyway abutting 315B Aberdeen Avenue, Hamilton, (“Subject Lands”), as shown on Appendix "A" attached to Public Works Committee Report 21-010, be approved, subject to the following conditions: (i) That the applicant makes an application to the Ontario Superior Court of Justice, under Section 88 of the Registry Act, for an order to permanently close the Subject Lands, if required by the City, subject to: Council Minutes 21-012 July 9, 2021 Page 22 of 39 (1) The General Manager of Public Works, or designate, signing the appropriate documentation to obtain any required court order; and, (2) The documentation regarding any required application to the Ontario Superior Court of Justice being prepared by the applicant, to the satisfaction of the City Solicitor; (ii) That the applicant be fully responsible for the deposit of a reference plan in the proper land registry office, and that said plan be prepared by an Ontario Land Surveyor, to the satisfaction of the Manager, Geomatics an

That Audit, Finance and Administration Committee Report 21-011, being the meeting held on Thursday, July 8, 2021, be received and the recommendations contained therein be approved. Result: Motion on the Audit, Finance and Administration Committee Report 21-011,

That Item (f) from the Information Section be lifted and added as Item 7 of the Emergency and Community Services Committee Report 21-008 Committee Report 21-011. Result: Motion

WHEREAS, in 1879 Sir John A. MacDonald said “When the school is on the reserve, the child lives with its parents, who are savages, and though he may learn to read and write, his habits and training mode of thought are Indian. He is simply a savage who can read and write. It has been strongly impressed upon myself, as head of the Department, that Indian children should be withdrawn as much as possible from the parental influence, and the only way to do that would be to put them in central training industrial schools where they will acquire the habits and modes of thought of white men"; WHEREAS, the atrocities of the residential school system were described by the 2015 Truth and Reconciliation Commission of Canada (TRC) as “a systematic, government- sponsored attempt to destroy [Indigenous] cultures and languages and to assimilate [Indigenous] peoples so that they no longer existed as distinct peoples”; WHEREAS, Indigenous residents across Hamilton have been in profound grief since the unmarked graves of 215 Indigenous children were confirmed at the Kamloops Council Minutes 21-012 July 9, 2021 Page 27 of 39 Residential School, 751 more at Marieval Residential School in Saskatchewan, now exceeding a thousand and counting; WHEREAS, the Hamilton City Council committed to having “a trusting relationship with Indigenous communities where we communicate and work together appropriately to address the unique needs and issues of Indigenous people” through the adoption of the Urban Indig

That the following be stricken from Item 6: That the following motion, be referred to the Facility Naming Sub-Committee for consideration: Result: Motion on Item 6 As Amended, of the Emergency and Community Services Committee Report 21-008,

(a) That the application of the City of Hamilton’s Real Estate Section on behalf of CityHousing Hamilton Corporation to permanently close and sell a portion of road allowance abutting the west side of 38 Strachan Street West, Hamilton (“Subject Lands”), as shown as Parts A & B, on Appendix "A", attached to Report PW21034, be approved, subject to the following conditions: (i) That the City Solicitor be authorized and directed to prepare all necessary by-laws to permanently close and sell the highway, for enactment by Council; Council Minutes 21-012 July 9, 2021 Page 33 of 39 (ii) The Real Estate Section of the Planning and Economic Development Department be authorized and directed to enter into any requisite easement agreements, right of way agreements, and/or other agreements deemed necessary to affect the orderly disposition of the Subject Lands and to proceed to sell the Subject Lands as deemed necessary by the Real Estate Section, as described in Report PW21034, in accordance with the City of Hamilton Sale of Land Policy By-law 14-204; (iii) The City Solicitor be authorized to complete the transfer of the Subject Lands pursuant to an Agreement(s) of Purchase and Sale or Offer(s) to Purchase as negotiated by the Real Estate Section of the Planning and Economic Development Department; (iv) That the City Solicitor be authorized and directed to register a certified copy of the by-law(s) permanently closing and selling the highway in the proper land registry office; (v) That th

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

That Council recess at 1:00 p.m. Result: Motion

WHEREAS West Avenue Cider House at Somerset Orchards is operating at 84 Concession 8 East, Freelton, Ontario; and WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) requires written notice from the Council of the Municipality within which the applicant's site is located confirming that it has passed a resolution in support of the issuance of a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”), for tastings. THEREFORE, BE IT RESOLVED: That the Council of the City of Hamilton confirms their support for the issuance of a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”) for West Avenue Cider House at Somerset Orchards located at 84 Concession 8 East, Freelton, Ontario. Result: Motion

That the listing of Council Communication Updates from June 18, 2021 to July 1, 2021, be received. Result: Motion

That Council move into Closed Session respecting Item 10.1 pursuant to Section 9.1, Sub- sections (b) of the City's Procedural By-law 21-021; and Section 239(2), Sub-Sections (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. Result: Motion

(a) That the direction to staff in Closed Session, be approved; and (b) That Report FCS21072, respecting an Advisory Committee Update, remain confidential. Result: Motion

That Bills No. 21-115 to No. 21-123 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: 115 To Adopt: Amendment No. 246 to the City of Hamilton Official Plan: respecting 179, 18, 183, 185, 187 and 189 Catharine Street North Hamilton Ward: 2 116 To Amend Zoning By-law No. 6593 (Hamilton) as amended, Respecting Lands Located at 179, 181, 183, 185, 187 and 189 Catharine Street North, Hamilton ZAC-20-027 Ward: 2 Council Minutes 21-012 July 9, 2021 Page 38 of 39 117 Respecting Removal of Part Lot Control, Blocks 609 to 621 within Registered Plan of Subdivision 62M-1266 “Waterdown Bay, Phase 3”, 65-71 Westfield Crescent, 37-74 Great Falls Boulevard, 58-68 Skinner Road, 39-50 Kenesky Drive, 31-58 Westfield Crescent, and 4-30 Granite Ridge Trail PLC-21-004 Ward: 15 118 Respecting Removal of Part Lot Control, Lots 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 59, 60, 61, 62, 63, 64, 65, 66, 76, 77, 106, 107, 108, 109, 110 and 111, Registered Plan of Subdivision 62M-1266, Municipally Known as 3, 5, 9, 11,14-17, 20-23, 26-29, 33, 35, 39, 41, 45, 47 Mountain Heights Place, 4, 6, 10, 12, 15-18, 21-25, 27, 28, 30, 31, 33, 34, 36 Great Falls Boulevard, 143, 145, 149, 151, 155, 157, 166, 168, 172, 174, 178, 180, 184, 186, 190, 192, 196, 198 Agro Street, 6-9, 12-15, 18-21, 24-27, 75, 77, 80-83, 86-89, 92-95

That, there being no further business, City Council be adjourned at 2:16 p.m. Result: Motion