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090112 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council' Review Access:* Public O Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday January 12, 2009 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 Notice of Motion Resolutions By -Laws Items of Public Interest Closed Meeting Session continued Adjournment CALL TO ORDER CLOSED MEETING SESSION No. 1 Moved by Deputy Mayor Renaud Seconded by Councillor Lewis AND RESOLVED THAT Town Council move into Closed Session. "Carried" Page 1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES QDecember 8, 2008 No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Minutes as prepared for the Council Meeting of December 8, 2008 be adopted. "Carried" ADOPTION OF AGENDA No. 3 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Agenda as prepared for the Council Meeting of January 12, 2009 be adopted. "Carried" 'A.`\ > PRESENTATIONS PUBLIC MEETINGS 1. Committee of Adjustment Application A-12108 (Home Hardware Stores Ltd.) Q Presented By: Mr. Jason Juhasz, Planner, County of Oxford Mr. Jason Juhasz, Planner, County of Oxford, reviewed the subject application, and attached report. Mr. Brian Reed, Construction and Design Manager, Home Hardware Real Estate, was present and commented. Mr. Reed introduced Mr. Fred Schiedal, of Schiedal Construction Inc., the applicant. Mr. Schiedal provided information and illustrations of the current building and the proposed development, a complete Home Hardware Building Centre. He noted that they have purchased the Home Hardware Store on Simcoe Street as well. Mr. Schiedal added that they would like to ask for an amendment to the proposed resolution. It was discussed and incorporated into the resolution. Mr. Schiedal commented that they would like to begin work first thing in the spring, as soon as the frost breaks, as it will take 6 or 7 months for construction and another 6 or 7 weeks to merchandise the store, for a fall opening - late October. Page 2 MINUTES: Meeting for the Committee "Open Council" In response to a question, Mr. Schiedal indicated the retail area will likely be marginally larger than the current total retail space, plus the quality of retail space will be greatly improved. In response to a question regarding possible use(s) of the Simcoe Street building, Mr. Reed advised that Home Hardware has a home furniture banner as well. Opportunity was given for questions and comments from anyone in attendance. Mr. Rick Aubrey, resident of Tillson Landing, 80 Bridget Street East, appeared before Council. Mr. Aubrey noted that his apartment looks down on the lands in question, and he does have some concerns, some of which have already been answered. He is concerned with the reduction of site lines, for safety reasons. He noted as well that he has concerns with reduced space, and it being less attractive. He has concerns about the building along Bridge Street, and asked what will be along King Street. Mr. Schiedal responded, advising of fencing and noting as well that there will be landscaping along the side. The roof will appear silvery to white. Councillor Lewis asked if the roof would support a roof garden. The response was that it would not. Mr. Rob Bamford, 8 Beth Court, appeared before Council. He commented that he was glad to hear the setback will be held to 9m, but noted overall concern with the setbacks. They seem to be going from a significant distance down to very little. He noted his concern with aesthetics. He feels the development will be too close to the property line. Mr. Bamford would like to see some of these setbacks increased, being his prime concern as far as aesthetics. He agrees the development will be an improvement, but noted his concerns with standards of the day. Mr. Bamford added that we want to maintain the beauty of the Town. No other persons appeared in support of, or opposition to, the subject property. Discussion continued, and the following resolution was passed. Resolution > No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg 'approve' a portion of Committee of Adjustment Application A-12108 for 101 Tillson Avenue, as described as variances 1 -14 in County of Oxford Planning Report 2008-355, subject to the following conditions: 1. The applicant enter into a Site Plan Agreement with the Town of Tillsonburg prior to the issuance of a building permit; 2. A building permit for the proposed addition shall be obtained within one year of the date of the Committee's decision; 3. The applicant redesign the entrance off of King Street as to prevent delivery vehicles from backing into the site off of the municipal road allowance; and 4. Minor Variance approval is granted only for development that is substantially and proportionally in compliance with the applicant's draft site plan. "Carried" 2. Committee of Adjustment A-13108 (1682578 Ontario Inca Q Page 3 MINUTES: Meeting for the Committee "Open Council" Presented By: Mr. Jason Juhasz, Planner, County of Oxford Mr. Jason Juhasz, Planner, County of Oxford, reviewed the subject application, and attached report. Mr. Reed appeared before Council, in support of the subject application. Opportunity was given for questions and comments. With respect to fencing, the applicant noted that wood fencing was not recommended because of graffiti. Councillor Rosehart questioned if consideration had been given to using the subject property for parking and putting the lumber in the other section. Opportunity was given for questions and comments from anyone in attendance. Mr. Rick Aubrey, resident of Tillson Landing, 80 Bridge Street East, appeared before Council. He noted that he did not concerns with the other application, but did not speak in opposition to it. However, he is speaking in opposition to this application, as his apartment is located in the corner of the building at 80 Bridge Street. He noted concerns with extended use of the property, longer than for the construction phase. He noted concerns withe fence along the west side, commenting that a fence is useless as it will block nothing for him or the higher levels. Mr. Aubrey commented that trucks will be a problem, as he hears them coming into the yard even now, at their present location. If trucks start coming in below my apartment early in the morning it will be a burden to himself and his wife. Fork -lifts are also a concern, again because of noise and pollution, and will be an annoyance. Mr. Aubrey's other concern is with security, noting that frequently in the summer they are wakened by the guard dogs barking. If the dogs will be used on this subject site, they will be even closer. Mr. Bob Gilnor, of Woodstock, appeared before Council. He noted that his biggest concem regarding this development is with the safety of the fence. He noted too that he has 20 apartments looking on the subject site. Mr. John Bamford appeared before Council, representing 80 Bridge Street East, the condo building that Mr. Aubrey resides in. Mr. Bamford commented that, as Mr. Aubrey had said, using the facility for the parking lot for a temporary construction period is a good reasonable agreement, but for a lengthy period of time, or infinite, is not a reasonable request. Lift trucks driving across King Street, transports, dogs, etc. impose a number of safety concerns. The lumber yard would be moved closer to a residential area. No other persons appeared in support of, or opposition to, the subject application. Mr. Fred Scheidal commented that there would not be any dogs in that area, and they would look at delivery times, to minimize delivery times in early hours. Discussion was held regarding concerns expressed about extended use of the property. Councillor Lewis asked for confirmation from the applicant that it had been said it may take 2 or 3 years to sort things out, therefore needing use of the subject property for that long. Mr. Lewis also asked for confirmation that the applicant is looking at the aspect of incorporating the property into the footprint. Discussion continued, and Mayor Molnar commented regarding the potential need for Page 4 MINUTES: Meeting for the Committee "Open Council" longer term operational storage based on the subject site. He asked if Council needed to make a decision and give direction on this tonight. He asked if Council could wait for site plan approval and see how it moves along. Mayor Molnar noted that his issue is not about short-term storage, but what he has heard is the opportunity that there may be a larger footprint introduced, with a street between and close to residential property. The applicant was asked to comment, and stated that they were asking for additional time due to costs, and how it would spread out associated costs. Councillor Lewis suggested the text be so that Minor Variance approval be permitted for 3 years, and at the end of the 3 year period the outside storage area must be removed. Councillor Stephenson commented that the resolution on the table reads that the applicant has to come back in 3 years anyway if they are requesting extended time, and the applicant is hearing that we don't want this to be 3 years, and are hoping it will be 18 months or 2 years instead. We would like other considerations to be made when the three years are up. Mr. Juhazs commented that the applicant had left the time frame open. It was a planning decision to say 3 years. Deputy Mayor Renaud commented that, in this particular neighbourhood, we have commercial properties, high density residential, and we have a mix taking place, and 3 years is completely inappropriate. He can see a transition period, but to leave at 3 years would be disrespectful to the residents. He suggested 18 months, and that it would have to be revisited at that time, if requested. Mayor Molnar confirmed that would be the timeframe and recommendations that he would personally support. Councillor Lewis commented that he would support 18 months, from the date of site plan approval. No other persons appeared in support of, or opposition to, the subject property. Discussion continued, and the following resolution was passed. Resolution > No. 5 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg 'approve' Committee of Adjustment Application A-13108, as detailed in Planning Report 2008-357, subject to the following conditions: 1. The applicant surround the lands to be used for open storage (as shown on Plate 2) with a security/screening fence, particularly a 3.0 m (9.8 ft) solid fence along the westerly property line in compliance with the provisions of the Town of Tillsonburg Fence By-law (By-law 3058); 2. Minor Variance approval is granted only for development that is substantially and proportionally in compliance with area shown as 'Lands proposed to be used for open storage accessory to 101 Tillson Avenue' on Plate 2; 3. Materials stored in the open storage area listed above shall be only those of Home Hardware Stores Ltd. and their property located at 101 Tillson Avenue; 4. Minor Variance approval be permitted for a period of two (2) years from the date of approval of the application. At the end of the two (2) year period the outside storage area must either be removed from the subject lands or further planning approval sought by Page 5 MINUTES: Meeting for the Committee "Open Council" means of a further Minor Variance or Zoning By-law Amendment. "Carried" DELEGATIONS QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER 3. Tillsonburg District Craft Guild (Station Arts Centre) - Service Agreement a Presented By: Development Commissioner Resolution > No. 6 Moved by Councillor Beres Seconded Councillor Lewis AND RESOLVED THAT the Mayor and CAO be authorized to execute a service agreement with the Tillsonburg District Craft Guild (Station Arts Centre) ?.,.1 as per the terms and conditions contained within this report; AND FURTHER THAT a By -Law be brought forward for Council's consideration. "Carried" OPERATIONS 4. Operations Services Report 02009-01- Simcoe Street Reconstruction Report a Presented By: Director of Operations Correspondence from the Tillsonburg District Chamber of Commerce... IdMOL Chamber of Commerce.pdf Resolution > No. 7 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Staff Report 02009-01 from the Director of Operations dated January 7, 2009 be received; AND FURTHER THAT the Town Economic Development Services Commissioner survey the Simcoe Street merchants for their comments and report the results back to the County and Town Council for consideration. "Carried" COMMUNITY SERVICES Page 6 MINUTES: Meeting for the Committee "Open Council" CORPORATE SERVICES 5. Otter Valley Utility Corridor Conveyance to Elgin County (Black Bridge Widening) 2 Presented By: Michael Graves Resolution > No. 8 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Staff Report C2008-003 from the Director of Corporate Services be received; AND FURTHER THAT the lands depicted as Parts 1, 2 & 3 on Plan 11 R-8199 be declared surplus and be brought forward to transfer to the County of Elgin. "Carried" FINANCE 6. FI 2009-0012009 Budget Meeting Dates 10� Presented By: Director of Finance M FI 2009-0012009 Budget Meeting Dates.doc Resolution > No. 9 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Report FI 2009-0012009 Budget Meeting Dates dated January 12, 2009 be received; AND THAT the next 2009 Budget Meeting Dates will be January 19, 2009, 2 pm - 4 pm and January 23, 2009, 2 pm - 4 pm. "Carried" INFORMATION ITEMS 7. Ministry of Natural Resources RE: Endangered Species Act 2007 D 8. County of Oxford RE: 2009 Water and Wastewater Rates Tiilsonburg.pdf Page 7 MINUTES: Meeting for the Committee "Open Council" NOTICE OF MOTION RESOLUTIONS 9. Notice of Motion RE: Reconstruction of Simcoe Street Q Presented By: Councillor Lamb Councillor Lamb introduced the following Notice of Motion at the Council Meeting of December 8, 2008. Councillor Lamb requested the following Notice of Motion be deferred to the next regular Council Meeting - January 26, 2009. Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Council of the Town of Tillsonburg hereby recommends to the County of Oxford that Phase 2 and 3 of Simcoe Street reconstruction be delayed until 2010; AND FURTHER THAT a revised implementation plan be presented to the Simcoe Street residents and businesses, and that they be consulted prior to continuation of this project. 10. Tillsonburg Tri -County Agricultural Society RE: Grant Application adMUL Tri-County Agricultural Society. pdf Resolution > No. 10 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT the Council of the Town of Tillsonburg supports the Tillsonburg Tri -County Agricultural Society's application for a grant through the Community Foundations of Canada and Benjamin Moore: Community Restoration Program, as detailed in their correspondence of January 5, 2009; AND FURTHER THAT the Town of Tillsonburg would receive the grant on behalf of the Tillsonburg Tri -County Agricultural Society, if the application is successful, and flow the funds to the project. "Carried" 11. Snow Removal No. 11 Moved by Councillor Lamb Seconded by Councillor Stephenson AND RESOLVED THAT the Director of Operations be requested to prepare a report regarding snow removal, including: • Snow removal in the Downtown Core; • Snow plowing routes and priorities; Page 8 MINUTES: Meeting for the Committee "Open Council" r� • Overtime incurred for snow plowing and snow removal in the Downtown Core during December 2008; • Possible involvement of BIA for snow removal in downtown. "Carried" BY-LAWS ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION CONTINUED No. 12 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT Town Council move into Closed Session. "Carried" ADJOURNMENT Council moved back into Open Session and adjourned at 10:27 p.m. Approval Received: (1 of 1) Lana Lund/Tillsonburg (Wednesday January 14, 2009 03:29 PM) to" Town of Tillsonburg Page 9