June 16/04 Report
Adjourned 8:25 pm

Call To Order, National Anthem, Prayer

1. Approval of Agenda

The Clerk advised of the following changes to the agenda:

The Corporate Administration Committee Report is to be renumbered. Items 10, 11, and 12 to be renumbered 9, 10 and 11.

Added Items:

Motion by Councillor Merulla respecting amalgamation of standing committees and appointments to committees/boards

Motion by Councillor Jackson respecting a Three Way stop

Two Motions by Councillor Collins : 1) respecting Golf Course Equipment and 2) respecting disposal of property and Offer to Purchase

2. Declaration of Interest

Councillor Ferguson declared an interest in Item 6 of the Public Works Infrastructure and Environment Committee Report 04-013 respecting Awarding of Contract as he has a relative who is a contractor involved in this project.

Councillor Powers and McHattie declared interests in Item 1 of the Community Services Committee Report 04-008 respecting disposition of portable structure - Conservation Laboratory to McMaster University as they are employees of McMaster.

5. Communications

5.1 http://www.city.hamilton.on.ca/clerk/agendas-minutes reports/
council/2004/Jun16/Item%205.1.pdf
Notice of Motion from Councillor Pat Saito, Regional Municipality of Peel respecting funding of GO Transit:
That Council Communication Item 5.1 be forwarded to the Public works, Infrastructure and Environment Committee for discussion. CARRIED

5. 2 http://www.city.hamilton.on.ca/clerk/agendas-minutes-reports/
council/2004/Jun16/Item%205.2.pdf
Correspondence from the Honourable John Gerretsen, Minister Responsible for Seniors respecting 2004 Senior of the Year Awards: That Council Communication Item be forwarded to the Seniors Advisory Committee for discussion. CARRIED

5.3 http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
council/2004/Jun16/Item%205.3.pdf
Correspondence from Chief of Police, Brian Mullan respecting Anti-Bullying Poster Campaign: Recommendation: Be received

6. Committee Reports All items passed with no discussion unless noted otherwise.

6.1 Public Works, Infrastructure and Environment Committee:
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
public-works/2004/Jun07/Rep04-013.pdf

Item 4 Cycling Infrastructure Initiatives Motion: Amendment (Ferguson/Collins)
That subsection (c) (xi), (xi) Southcote Road new bicycle shoulders between Garner Road West and Highway 403 overpass (estimated cost $577,000); be deleted in its entirety and the remaining subsection (xii) be renumbered (xi). CARRIED.

Item 7 Ministry of Transportation and the Red Hill Valley Project (PW04062) Item CARRIED , Councillors Braden, Powers, McCarthy, and McHattie wished to be recorded as OPPOSED.

6.2 Planning and Economic Development Committee Report:
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Planning-Economic-Development/2004/Jun08/REPORT%2004-011.pdf

Item 1 Urban Design Guidelines for Outdoor Boulevard Cafes on Public Property

McHattie made the comment that, although he supports the implementation of these guidelines, he is concerned that problems may occur if a public consultation process is not put in place (for this issue or just generally.it wasn't clear). For example, he sites that the downtown BIA was not consulted on this matter, and asked that the item be tabled until staff can get in touch with them.

Motion : (McHattie/Kelly) That this item be referred back to Committee. CARRIED.

Item 5 Surplus School Site ( Scott Park Secondary School ) Hamilton-Wentworth District School Board, 1055 King Street East , Hamilton

Motion : (Morelli/Merulla) That this item be referred back to Committee. CARRIED.

Item 10 Endorsement of Consultants ( Given, Parsons and Kircher Research Associates Ltd. as being the Market Analysts for Flamborough Power Centre Inc. and Trinity Development Group Inc. respectively, and that Clayton Research be approved as the Market Analyst undertaking the Peer Review for both Market Impact Studies) and Terms of Reference - Market Impact Studies, and that staff be directed to seek input from the affected BIA Commercial Developments in Flamborough Business Park Highway Nos. 5 and 6 (Flamborough)

Comments : Kelly: "Some people are concerned that this development is going to morph into something that we didn't expect to happen."

6.3 Corporate Administration Committee Report:
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporateadministration/2004/Jun09/Corp.%20Admin.
%20Minutes%2004-010.pdf
This is a link to the committee Minutes, not to the Report to council (unavailable). 

Item 3 New Consolidated Development Charge By-law Policies
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
corporate-administration/2004/Jun09/Corp.%20Admin.%20Minutes
%2004-010.pdf 

Comments:

Braden : He feels that the development charges (DCs) committee membership reflects a (too) strong corporate interest, and that this creates a bad image. This is a bad process. There is no money to service industrial lands - $50-100M shortfall "you and I are going to have to pay for". New roads are usually charged for as 95% growth, but the Red Hill Creek expressway is only charging for 44% growth! We're giving the development industry a break - why? DCs in Burlington , Brantford , and others in the GTA are in the range of $20,000-$30,000 - ours are artificially low! ( Hamilton 's were around $7,000, now are about $12,000). Separate DCs needed. Example: If we had a new expressway going into Waterdown to accommodate the 50,000 new people that are moving in - downtown wouldn't want to pay! Uniform DCs don't work. Example: McCann dog trainers are charged like a Fortinos store would be, because of the space used. This is regressive. An 'average approach doesn't work'. Rural stores charged the same as city stores. This by-law will pass, the direction is good BUT not as comprehensive or fair as it could be.

McHattie : Questions the 44% growth for the expressway. (Staff) Rinaldo : Explains, cannot charge 100% of road to new development unless it's ONLY for them (clearly).

McHattie : He wants to make an amendment exempting from DCs new subsidized housing that falls under the Community Rental Housing Program". And also that no further public meetings be needed. He says that Toronto has done this, and it helps to create more affordable housing. Kelly : Supports intention but has concerns - what are the financial losses to the city to do this, and what are the other ramifications? Staff (Rinaldo ): Some municipalities do this, some don't. If you want to do this, it has to be tonight. Staff (social services ): This would 'relieve' them (developers of this type of housing) of about $75,000 (using numbers of 500 units estimated new social housing). Also, to get upper level (gov't) funding for these projects there needs to be local funding support shown. $17M will be spent on affordable housing in the community in the next few years . Mitchell : The intent was to waive these charges at the committee level one by one. If put in here, how long in effect? 5 years? Rinaldo : Or until new by-law. Whitehead : Better to have long-term commitment? Staff : Will encourage. Whitehead : Will support this amendment. McHattie : This will be an investment in the community. $17-18M to be invested in our community. Other areas (industrial/commercial) are subsidized through the BTR program. This would be a 1 st tangible step to support social vision. Plea for support.

Motion (amendment): (McHattie/Merulla)

That the following be added as subsection (dd) to Item 3 of Corporate Administration Committee Report 04-010 respecting the City of Hamilton New Consolidated Development Charge By-law (FCS03051(a): (dd) That only housing projects that receive funding through the Community Rental Housing Program through a municipal housing project facilities agreement and by-law, or any such similar housing program delivered by the City, be exempt, provided the development charge liabilities of the affordable housing project are not eligible for funding by senior levels of government.

That the following be added as subsection (ee) to Item 3 of Corporate Administration Committee Report 04-010 respecting the City of Hamilton New Consolidated Development Charge By-law (FCS03051(a): (ee) That no further public meetings be required as a result of these amendments, in accordance with the Development Charges Act, 1997.

AMENDMENT CARRIED. Mitchell and Pearson opposed .

Motion (amendment) (Pearson/Bruckler): That the following be added as sub-section (ee): (ee) That the Development Charges Stakeholders Sub-Committee remain constituted during the term of this Council in order to be able to continue discussions relevant to the Development Charges By-law, as required.

Amendment CARRIED. Braden OPPOSED

More discussion on Development Charges by-law:

Whitehead : Questions re DCs and GO transit. Rinaldo : $35 charged per unit for GO, but study over a year old, need new DCs for this.

Bruckler : Has been through this process a number of times (former Stoney Creek staff). We're tied down by legislation re final $ we can generate. Feels they're going in right direction re industrial economic development.

Mitchell : Agrees with Braden on come of his concerns. By-law limits special interest charges. There are challenges to merge (equalizing) all former cities together.

DiIanni : Suppports by-law as amended. Important that the city monitor to make sure that the affordable housing be built. Regarding private meetings on DCs committee - he hasn't had any (when he was on this committee before)..

Item CARRIED as amended. (Braden opposed?)

Item 12. Request for Province to Amend the Development Charges Act, 1997

That the following resolution be forwarded to the Provincial Government with respect to the Development Charges Act, 1997:

Whereas, the City of Hamilton does not recover the true costs of growth due to the following provisions in the Development Charges Act 1997:

(a) Mandatory 10% soft service cost deduction;

(b) Services no longer eligible for development charges cost calculation, such as waste management, administration headquarters, cultural or entertain-ment waste management, administration headquarters, cultural or entertainment facilities, tourism facilities (including convention centres), parkland acquisition and hospitals;

(c) Mandatory industrial expansion exemption of 50%.

(d) The inability of municipalities to use replacement costs for soft service facilities, older municipalities with deteriorating facilities result in lower service standard calculations;

(e) Older municipalities such as Hamilton due to senior levels of government funding cuts, have been unable to build new facilities, further deteriorating its service level standard calculations.

NOW THEREFORE BE IT RESOLVED;

That to accommodate the aforementioned issues, the Council of the City of Hamilton urges the Provincial Government as soon as possible to amend the current Development Charges Act.

CARRIED. Braden Opposed

6.4 Social and Public Health Services Committee Report:
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
Social-Public-Health/2004/Jun15/Revised%20Report%2004-009.pdf

6.5 Community Services Committee Report:
http://www.city.hamilton.on.ca/Clerk/agendas-minutes-reports/
community-services/2004/Jun15/Report%2004-008.pdf

Item 9 Ice Rates Sub-Committee

Added Collins and Braden to Committee along with Whitehead .

7. Motions

Item 7.1 (Collins/Merulla) Motion respecting Appointment to the District Health Council
(a) That the correspondence from Councillor Brian McHattie requesting withdrawal of his name for appointment to the Hamilton District Health Council be received; (b) That the recommendation by City Council on December 3, 2003 which approved the nomination of Councillor B. McHattie for appointment to the District Health Council be amended by noting the withdrawal; (c) That the District Health Council and the Ministry of Health and Long Term Care be advised accordingly. CARRIED.

Item 7.2 (Merulla/McHattie)
(a) That the Standing Committees of Community Services and Social and Public Health Services be amalgamated into one Standing Committee, on a temporary basis, to address the current vacancy created by former Councillor Horwath and potential council vacancies created by the June 28 th federal election; (b) That the following Councillors be appointed to fill the vacancy left by former Councillor Andrea Horwath on the Committees/Boards/Agencies as noted: Municipal Non Profit Housing - Councillor D. Braden Hamilton Waterfront - Councillor S. Merulla Cleanliness and Security - Councillor T. Whitehead King Street West BIA - Councillor B. McHattie. CARRIED.

Item 7.3 (Jackson/Kelly)
a)That a Three Way Stop Control be implemented at the intersection of Carson and Summerlea; (b) That the by-law to amend City of Hamilton Traffic By-law 01-215 be enacted. CARRIED.

Item 7.4 (Collins/Braden)

a)  That staff be authorized to purchase three green mowers, five fairway mowers, and one rotary grass mower in accordance with Purchasing Policy 6, at an approximate cost of $418,025; (b) That the funds required for the purchase as per recommendation (a) be charged to the Public Works Operations approved 2003 Capital Budget Centre 58550-4940351100.

Discussion:

Whitehead : Was this the lowest bidder? Staff: Crockett: The lowest that met the specs.

CARRIED.

Item 7.5 (Collins/Pearson)

WHEREAS Section 268 of the Municipal Act requires municipalities to enact a by-law pursuant to and in accordance with the requirements of Section 268 and the Regulations prescribed thereunder by the Province, to establish procedures for the sale of real property owned by the municipality and a public register of the real property owned by the municipality;

AND WHEREAS before selling any land, the Council of the City of Hamilton shall by by-law or resolution declare the lands to be surplus;

AND WHEREAS before selling any land, the Council of the City of Hamilton shall obtain at least one appraisal of the fair market value of the land;

AND WHEREAS before selling any land, the Council of the City of Hamilton shall give notice to the public of the intended sale of the real property.

AND WHEREAS City Council on June 27, 2000 in adopting Item 5 of Report 13-00 of the Finance and Administration Committee, declared Part of Hotel Property Lot, Registered Plan 364, in the City of Hamilton, more particularly described as Part 2 on Plan 62R-16087 surplus to the needs of the City of Hamilton;

AND WHEREAS the Hamilton Beach Rescue Unit, a non-profit organization, has requested the acquisition of Part of Hotel Property Lot, Registered Plan 364, in the City of Hamilton, more particularly described as Part 2 on Plan 62R-16087, municipally known as part of 320 Beach Boulevard for a nominal sum of $1;

AND WHEREAS the deemed offer price of $1 for the subject property is below the range of the fair market value as determined through an in-house appraisal of the subject's fair market value estimated at $12,267;

AND WHEREAS Council deems the sale of Part of Hotel Property Lot, Registered Plan 364, in the City of Hamilton, more particularly described as Part 2 on Plan 62R-16087 to the Hamilton Beach Rescue Unit for the nominal sum of $1 to be in the best public interest;

AND WHEREAS the proceeds that were to be realized for the sale of Part of Hotel Property Lot, Registered Plan 364, in the City of Hamilton, more particularly described as Part 2 on Plan 62R-16087 were to be credited to the City's Reserve-Hamilton Beach account and that the monetary loss from the sale be reflected within the City's Reserve-Hamilton Beach account.

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

a) That the Real Estate Section be directed to dispose of Part of Hotel Property Lot, Registered Plan 364, in the City of Hamilton, more particularly described as Part 2 on Plan 62R-16087, municipally known as part of 320 Beach Boulevard for a nominal sum of $1;

b) That the Real Estate Section be directed to prepare an Offer to Purchase for the sale of Part of Hotel Property Lot, Registered Plan 364, in the City of Hamilton, more particularly described as Part 2 on Plan 62R-16087, municipally known as part of 320 Beach Boulevard for a nominal sum of $1;

c) That the Real Estate Section be directed that the Real Property of the City shall not be sold until after notice to the public of the intended sale has been given in accordance with By-law 95-049, "Established Procedures For Sales of Real Property Owned By the City of Hamilton";

d) That the City Clerk be authorized and directed to execute and issue a Certificate of Completion in the form prescribed pursuant to Section 268 of the Municipal Act.

e) That the City Solicitor be directed to complete this real estate transaction on the terms and conditions set out herein.

CARRIED.

NOTICES OF MOTION

None.

STATEMENT BY MEMBERS

Members of Council used this opportunity to discuss matters of general interest. Braden mentioned that he has now been appointed the Chair of the Expressway Implementation Committee and 'if it becomes political ('people wanting things' 'diseases occurring') he will resign' DiIanni mentioned that the discussions between union and management at Stelco over the weekend were 'dicey'. 'Having a mediator appointed is a positive step for this community'. Also mentioned the problems at the Royal Botanical Gardens and said he would be keeping the Council abreast of any outcomes.

PRIVATE AND CONFIDENTIAL

None

BY-LAWS
(Kelly/Jackson)

131 To Amend By-law No. 01-215, as amended, Being a By-law To r egulate Traffic (Schedule 5)

132 To Amend the Leash Free Zone Provisions of City of Hamilton By-law No. 01-169 Being a By-law Respecting the Control and Licensing of Dogs and Kennels. (Section 4(3))

133 To Amend By-law No. 01-064, Entitled "To Appoint a City Clerk and Deputy City Clerks for the City of Hamilton ".

134 Lottery Licensing By-law.

135 To Amend By-law No. 01-218, as amended, being a By-law To Regulated On-Street Parking (Schedules 6, 8, 10, 12, 13)

136 To Amend By-law No. 01-215 Being a By-law To Regulate Traffic (Schedule 18 (Bicycle Lanes))

137 To Incorporate City Land Designated as Part 7 on Plan 62R-16679 into Delrosa Way .

138 To Incorporate City Land Designated as Parts 5 and 6 on Plan 62R-16679 into Sandbeach Drive .

139 To Incorporate City Land Designated as Block 74 on Plan 62M-984 into Twenty Road West.

140 To Incorporate City Land Designated as Block 75 on Plan 62M-984 into Garth Street .

141 Incorporate City Land Designated as Block 76 on Plan 62M-984 into Whiterock Avenue .

142 Respecting Removal of Part-Lot Control Block 66, Registered Plan 62M-1002.

143 To Amend Zoning By-law No. 3692-92 ( Stoney Creek ) Respecting Lands Located at 604 Highway No. 8.

144 To Amend Zoning By-law No. 06593 Respecting Lands Located at 276 Mountain Park Avenue / 12 Popular Avenue .

145 Being a By-law respecting development charges on lands within The City of Hamilton

146 To Confirm the Proceedings of City Council at its meeting held on June 16, 2004 .

CARRIED.

The City Council meeting adjourned at 8:25 p.m.