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050524 Regular Council Meeting Minutes► MINUTES: Meeting for the Committee "Open Council" Review Access: • Public O Private MINUTES Town of Tillsonburg Meeting. for the Committee "Open Council on Tuesday May 24, 2005 07:00 PM Council Chambers Chair: Stephen Molnar Orders of the Day: Call to Order Closed Meeting Session Disclosure of Pecuniary Interest or the General Nature. Thereof Minutes & Business Arising out of the Minutes Adoption of Agenda Presentations Public Meetings Delegations Quarterly Reports Chief Administrative Officer Operations Community Services Corporate Services Finance Information Items Resolutions By -Laws Items of Public Interest Closed Meeting Session continued Adjournment CALL TO ORDER CLOSED MEETING SESSION No. 1 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Session. ro"'1 "Carried" Page 1 ?aft1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES May 9, 2005...[ C, May 12, 2005... budqet meeting 051205.dc No. 2 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Council Minutes of May 9, 2005 and Budget Meeting Minutes of May 12, 2005 be adopted. "Carried" ADOPTION OF AGENDA No. 3 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Agenda as prepared for the Council Meeting of May 24, 2005 be adopted. "Carried" PRESENTATIONS PUBLIC MEETINGS 1. Condominium Approval by Exemption - Bamford-Oehm Developments Inc. Presented By: Mr. Paul Michiels, Planner, County of Oxford cdm-05005 till.pd 7-312 EXP.doc 7-312 BYL.doc Mr. Paul Michiels, Planner, County of Oxford, reviewed the attached report. The applicant was not in attendance. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No. 4 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Tillsonburg Town Council advise Oxford County Council that it approve the exemption from condominium process Page 2 MINUTES: Meeting for the Committee "Open Council" for the application 32CDM-05005, submitted by Bamford-Oehm Developments Inc. for a 6 storey, 41 unit apartment building, located at Part of Lot 441, Plan 500, in the Town of Tillsonburg. "Carried" 2. Application for Zone Change - Schleiss Developments Company Limited D Presented By: Mr. Paul Michiels, Planner, County of Oxford Mr. Paul Michiels, Planner, County of Oxford, reviewed the attached report. Mr. John Wiebe, representing the developer, was present and advised that the developer and partners are anxious to proceed. Engineering drawings have been submitted, and as soon as approvals are received, they would like to proceed. Several residents from the area were present, many of which expressed concerns. Madeline Cairns, 26 Primrose Drive expressed concerns with respect to adequate water supply. She commented that a representative of the County of Oxford had commented that a shortage of water was a concern. Pete Retsinas expressed concerns with reducing lot sizes. He felt by doing that, it would reduce property value in the area. He just recently built a home in the area. Rick Wilson, 29 Primrose, noted that he had lived in the subdivision since it first opened, and had been told that the front part of the subdivision would be developed before the eoll� back part was opened up. He also expressed concerns regarding water supply. He noted that there is constantly very low water pressure, and this needs to be addressed before adding more lots. He also expressed concerns with proposing smaller lots, as that would reduce property value. He had been told that lot sizes were going to increase as development proceeded through the subdivision. He noted ongoing problems with grading, etc. and suggested the current problems be addressed before more problems are created. The resident of 26 Primrose expressed concerns regarding zoning. Mr. Michiels responded that there is not change in minimum square footage for the 'special' re -zoning. The resident expressed concerns regarding house size, as his understanding was that as development continued throughout the subdivision, the lot size were increase. He commented that by the builder charging a premium for small houses on bigger lots it would promote even smaller houses, resulting in decreased property values. Mike Balazs, Trillium Drive, expressed concerns with everything going down hill, as the builder does not finish jobs. He is concerned that the neighbourhood is going downscale rather than upscale. The resident of 23 Primrose just built a come and the developer still has not finished it. He commented that he chose to build in the subject area, as he was assured by the builder that the property values and homes were going to increase, but instead he feels they are getting smaller and bringing the value of homes down. Mr. Ron Labelle, 31 Woodland Crescent, referred to the 100 year rain that occurred approximately 3 years ago. He wants to make sure that the Town is aware of the burm behind the houses in that area, and will look after the situation. The Director of Operations responded that the issue of major overland flows will be taken care of by the developer. This would be looked at during the detailed design phase. Page 3 MINUTES: Meeting for the Committee "Open Council" Mr. Wiebe commented that the burm had been constructed to prevent flow. It will be removed, but the flow will be redirected. The resident of 30 Primrose expressed concerns with respect to actual property values. He also noted that there are homes that still do not have driveways. He feels the subdivision is going downhill not uphill. He commented that they had all been told the same thing, that as developed proceeded through the phases of the subdivision, the properties would be bigger and better. The owner of 21 Dogwood commented that the 100 year storm had made bad publicity for the subdivision, and what is being proposed in this application will only make it worse. Chuck Williams, 29 Primrose, noted that when he moved to Primrose he had been told that there would be larger lots and larger homes. He commented that there is not real reason to change the original intent. A resident of Trillium noted that there are a lot of children on Trillium. He commented that the higher the density of houses, the more traffic there will be, and more danger for those children. Les Vanka, 33 Woodland Crescent, expressed concerns with the density of the subject subdivision, and with water that flows from those properties onto properties on Woodland. J. Adley, 37 Primrose, commented that she does not have confidence in the developer sticking to his word. She had to pay to get her property graded. The developer did not reply to correspondence regarding her grading issue. /Ift) Ken Shelley, 32 Primrose, commented that there is a lot not being done. Mayor Molnar noted that he would like to segregate these issues. Mr. Wilson, 29 Primrose, responded that they cannot be separated, as they are all the same issue. Mrs. Cairns commented again regarding approximately 6 empty lots on her side of Primrose. She would like to know who owns them, as there is rubbish on the properties. Mayor Molnar suggested that Mr. Michiels take concerns from a designated representative for the residents. Mr. Shelley commented further with respect to concerns he has with traffic flow next to the school. Mr. Wiebe commented with respect to drainage. Following discussion, there was direction for the Director of Corporate Services, Paul Michiels, and Mayor Molnar to work together to schedule a meeting regarding the concerns of the residents. The following resolution was passed. Resolution > No. 5 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT the Council of the Town of Tillsonburg reject the application submitted by Schleiss Development Company Limited, whereby lands located at lots 23-42 & 137 to 154, Registered Plan 41 M-145, in the Town Page 4 MINUTES: Meeting for the Committee "Open Council" of Tillsonburg, are to be rezoned from 'Residential Type 1 (R1)' to Special 'Residential #ftN Type 1 (R1 -Special)' to allow a reduction in the rear yard and interior side yard and an increase in the maximum lot coverage to allow for an increased building envelope on the subject properties; AND RESOLVED FURTHER THAT the approval of the application for lifting of part lot control be rescinded as approved April 9th, 2005. "Carried" 3. Application for Zone Change - Tillsonburg Development Inc D Presented By: Mr. Paul Michiels, Planner, County of Oxford Mr. Paul Michiels, Planner, County of Oxford, reviewed the attached report. Mr. Steve Smith, was in attendance, but did not comments. No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No. 6 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of Tillsonburg approve the attached zoning by-law amendment for an application submitted by Tillsonburg Developments Inc. whereby lands consisting of lot 84 and part of lot 67 in Registered Plans 41 M-182, in the Town of Tillsonburg, are to be rezoned from Special 'Residential Third Density (R3-22)' with holding provisions (H) to Special 'Residential Second Density (R2-7)' with holding provisions (H), to allow for the construction of single detached dwellings instead of street fronting townhouse dwellings. "Carried" DELEGATIONS 4. Tillsonburg Human Resources Development Canada Office for Students Presented By: Diane Grant Zib-1 HRDC.pdf 5. Draft 2004 Financial Statements W Presented By: Doug Slade, Millard, Rouse & Rosebrugh W 2004 consolidated town financial statements 05052 2004 library financial statements.( 7-1 2004 BIA financial statements.d 2004 sewer financial statements.d 2004 water financial statements.d Resolution No.7 Moved by Councillor Renaud Page 5 MINUTES: Meeting for the Committee "Open Council" Avm� Seconded by Councillor Patenaude AND RESOLVED THAT the Town of Tillsonburg Consolidated Financial Statements dated December 31, 2004, as prepared by Millard, Rouse and Rosebrugh, be received. "Carried" rdftN QUARTERLY REPORTS 6. Corporate Services and Finance 2005 First Quarter Report Presented By: Director of Corporate Services Resolution > No. 9 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated May 16, 2005 regarding Corporate Services and Finance 2005 First Quarter Report for the Year Ended December 31, 2005 be received for information. "Carried" Direction was given to provide up -dates regarding outstanding taxes. 7. Community Services Department Performance through April 30, 2005 D Resolution > No. 10 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the staff report Community Services Performance through April 30, 2005 be received. "Carried" CHIEF ADMINISTRATIVE OFFICER OPERATIONS 8. Proposed Capital Budget - Operations May 18, 2005 D Presented By: Director of Operations and Director of Finance Resolution > No. 11 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the Staff Report from the Director of Operations and Director of Finance dated May 18, 2005 be received; Page 6 MINUTES: Meeting for the Committee "Open Council" �ONN AND FURTHER THAT the Proposed Capital Budget - Operations Services May 18, 2005 be approved. "Carried" 9. Request for Sidewalk on Francis Street - St Joseph School D Presented By: Director of Operations Resolution > No. 12 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the staff report from the Director of Operations dated May 18, 2005, regarding request for a sidewalk on Francis Street - St. Joseph School, be received. "Carried" COMMUNITY SERVICES CORPORATE SERVICES 10. Dairy Queen Sign Variance Presented By: Michael Graves Resolution > No. 8 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the property owned by Richard Epple being Lots 1373, 1374, 1375 & 1376 Plan 500 be granted an exemption from the sign by-law to allow for a second pylon sign for the Dairy Queen as detailed in the drawings included in the report dated February 8, 2005 regarding the Dairy Queen Sign Variance subject to the removal of the Mufflerman Sign prior to the erection of the sign subject to this application. Portable sign to be removed by July 5, 2005. "Carried" FINANCE 11. Ontario Municipal Partnershia Fund j Presented By: Director of Finance Resolution > No. 13 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the OMPF report from the Page 7 MINUTES: Meeting for the Committee "Open Council" #I*\ Director of Finance dated May 18, 2005 be received as information; AND FURTHER THAT the CRF amount of $238,000 and the 2006 OMPF phase-in grant of $251,977 and be contributed to reserves. "Carried" 12. Asset Management Project Status () Presented By: Director of Finance Resolution > No. 14 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the report from the Director of Finance on the status of the asset management project dated May 19, 2005 be received as information. "Carried" INFORMATION ITEMS 13. County of Oxford Monthly Up -Date D Presented By: Mayor Molnar /ANN Mayor Molnar to provide a verbal up -date. 14. Oxford County RE: Tillsonburg Water System Reserves Response to Council resolution of April 11, 2005... Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT the Town of Tillsonburg request the County of Oxford to provide details with respect to the amount of reserves attributable to the Water System servicing Tillsonburg, and that information be provided by May 11, 2005. "Carried" P, 14. Oxford County RE: Solid Waste - Collection Routes A chQ Oxford County RE Collection Routes 15. Big Brothers/Big Sisters of Ingersoll, Tillsonburg & Area RE: 2005 Municipal Grant Page 8 MINUTES: Meeting for the Committee "Open Council' 16. Tillsonburg & District Multi -Service Centre RE: 2005 Municipal Grant 17. Ministry of the Environment RE: Proposed New Regulation for Drinking Water Systems Serving Non -Residential and Seasonal Uses D RESOLUTIONS 18. Proposed Resolution RE: Improvements to Highway 19 and Provision of an Alternate Truck Route RESOLUTIONhighwav19.dc Resolution > No. 15 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT WHEREAS Tillsonburg is a progressive community of 15,000 residents located in the southern end of Oxford County, in the Province of Ontario, and; WHEREAS Tillsonburg is an economic, commercial and social hub of a Tri -County corridor of nearly 100,000 Ontarians, and; WHEREAS the community has suffered significant economic impact due to the reduction in tobacco -related industrial commerce, and; WHEREAS Tillsonburg has continually invested responsibly in its' local infrastructure to support growth and opportunity for both its local residents and its" greater region of financial and social influence, and WHEREAS a considerable portion of our existing Industrial Corridor and serviced land for potential growth is located at the South end of the community, and; WHEREAS the opportunity for continued responsible growth management is impeded because of the lack of efficient connectivity by way of quality transportation corridors, and; WHEREAS the portion of the Provincial king's Highway, known as Highway 19, from the northern boundary of Tillsonburg to the key transportation network of the 401 to the north, is in disrepair and not suitable for safe and efficient access for both commercial and personal vehicular traffic, and; WHEREAS the portion of Highway 19 that intersects the Town of Tillsonburg (Broadway Street as part of a connecting link agreement with the Province of Ontario) introduces extreme safety and traffic volume pressures to the downtown core of our community; Page 9 /0011 MINUTES: Meeting for the Committee "Open Council" BE IT RESOLVED THAT, the Corporation of the Town of Tillsonburg request that the Ministry of Transportation, for the Province of Ontario be contacted to evaluate the need for significant improvements to Highway 19, and that options to be reviewed include, but are not limited to, the widening of the existing highway and the provision of an alternate truck route around the downtown commercial corridor of the Town; AND BE IT FURTHER RESOLVED that this resolution be forwarded to the Council of the County of Oxford for support, and that copies of the Letter of Request be also forwarded to the Ministry of Municipal Affairs, the Ministry of Agriculture, the Ministry of Public infrastructure Renewal, the Ministry of Finance, the Ministry of Labour, and to the Premier of Ontario as well as Oxford MPP Ernie Hardeman and Oxford MP David McKenzie. "Carried" BY-LAWS 19. By -Law 3156 - Library Memorandum of Understanding Cj Presented By: Director of Finance Third reading. 20. By -Law 3157 - To Open Part of Fairview Street and to Open Part of Langrell Avenue and Close Part of Langrell Avenue Third reading. 21. By -Law 3158 - To Open and Establish Part of Bridge Street and to Close Part of Bridge Street D Third reading. 22. By -Law 3161 - Draft Culture Advisory Committee Bylaw D The Tillsonburg Culture Commission has reviewed and made changes to a draft document. All suggested and endorsed Committee changes have been included in this document for consideration of first and second reading. 23. By -Law 3162 - To amend Zoning By -Law 1994, as amended (Bamford-Oehm Developments Inc. Three readings. 7-312- BYL.doc 7-312 EXP.doc Page 10 MINUTES: Meeting for the Committee "Open Council' �OMN 24. By -Law 3087 - To authorize an encroachment agreement with David Richard Langrell and Wendy Madelaine Wardell Third reading. 3087.doc Lang rel IEncroachmentAgreement. Resolutions Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3161 to establish the Tillsonburg Culture Advisory Committee; and By -Law 3162 to amend Zoning By -Law 1994, as amended (Bamford-Oehm Developments Inc.) be introduced and read for a first and second time and be referred to Committee of the Whole for further consideration and this constitutes the first and second reading thereof. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law Numbers 3161 and 3162. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and reported on By -Law Numbers 3156, 3157, 3158, 3162 and 3087 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3156 to authorize an agreement with the Tillsonburg Library Board; By -Law 3157 to Open Part of Fairview Street and to Open Part of Langrell Avenue and Close Part of Langrell Avenue; By -Law 3158 to Open and Establish Part of Bridge Street and to Close Part of Bridge Street; By -Law 3162 to amend Zoning By -Law 1994, as amended ( Bamford-Oehm Developments Inc.); and By -Law 3087 to authorize an encroachment agreement with David Richard Langrell and Wendy Madelaine Wardell be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Resolution No. 16 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT, in accordance with the Town of Tillsonburg Procedural By -Law 2978, the curfew of 10:30 p.m. be extended for the Council Meeting of May 24, 2005. "Carried" ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION CONTINUED Page 11 MINUTES: Meeting for the Committee "Open Council" � No. 17 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" ADJOURNMENT Council moved back into Open Session and passed the following resolution. No. 18 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the report on Cemetery systems up -date and requirement for a Full -Time CSR be received, and the job description for a Cemetery Customer Services representative be adopted and further that an internal posting take place as per the Town's personnel policy. "Carried" Council adjourned at 12:02 a.m. /0011 Town of Tillsonburg Approval Received: (1 of 1) Lana Lund/Tillsonburg (Thursday June 02, 2005 02:11 PM) 60 Page 12