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981109 Regular Council Meeting Minutesr■, NOVEMBER 9.1998 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, November 9th, 1998 at 9:00 A.M. in the Council Chambers, Municipal offices, Tillsonburg, Ontario PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton, Councillors: D. Beres, B. Carroll, S. Lamb, G. Leachman, S. Molnar, C. Rosehart and R. Smith (until 1:05 P.M.) ORDER OF BUSINESS: A. Adoption of Minutes No. 1 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council under date of October 20th, 1998 be adopted as printed and circulated. "Carried" B. Adoption of Agenda No. 2 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Agenda as prepared for Council meeting of November 9th, 1998 be adopted as printed. "Carried" C. Declarations — Municipal Conflict of Interest Act None D. Appointments/Delegations 1. Bridge Street West from Broadway to Bidwell Street Town Council approved a delegation to be added to the agenda with respect to an Item on the Public Services Committee minutes of November 411998, dealing with proposed one-way street for Bridge St. West of Broadway to Bidwell Street. Mr. George Gilvesy Jr. representing Guylvesy Properties Inc. addressed Town Council in opposition to a one- way street for Bridge Street West as it would create hardship for trucks servicing the A & P and Shoppers stores and also with respect to loading of heavy truck traffic onto Bidwell Street into a residential area, other parking concerns for the municipal parking lot, as well as increased hardship for turning movements with respect to exits. Mr. Doug Davis, Store Manager of A & P addressed Town Council in opposition to a one-way street for Bridge Street west of Broadway. Mr. Lew Stewart, owner of Papa Lew's addressed Town Council in opposition to the proposed one-way street for Bridge Street west of Broadway as it would create increased hardship for parking in the municipal parking lot. Lewis Carreira, Planner, Lake Shore Planning Group, addressed Town Council in opposition to the proposed one-way street for Bridge Street west of Broadway and requested a deferral of any decision to designate Bridge Street as one-way and requested a traffic report and other supporting planning documents on the matter. Mr. Bernie Toth, of Gibson, Linton, Toth, Campbell and Bennett addressed Town Council in opposition to a proposed one-way street for Bridge Street west of Broadway. Mr. Bill Irvine addressed Town Council in opposition to proposed one- way street of Bridge Street west of Broadway and further stated that Town Council should not support any impediment to traffic flowing onto Broadway. Mayor Cam McKnight addressed the delegation and stated that the one- way street designation of Bridge Street west of Broadway is only a proposal at this time to support parking for the Kelsey's Restaurant at Bridge Street and Broadway. He further stated that no decision on a proposed one-way street would be done without consultation with local residents and businesses as well as full notification under the passing of the by-law to change such a public street. E. Public Hearings Mr. Mike Barrett, Planner, County of Oxford, presented a report 98-179, From the County of Oxford, Planning Development Department. Mr. Blake Moody addressed Town Council and requested disposition with respect to previous sanitary sewer problems that affected his property on Old Vienna Road. Mayor Cam McKnight stated that a special meeting would be held with the Clerk -Administrator and Mr. Moody on Friday, November 20th 1998 at 10:00 A.M. Mr. Moody further stated that the properties would be affected with further flooding from added development in the area. No. 3 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that it is in favour of an Official Plan Amendment application submitted to redesignate land located in Lot 1385, Plan 500 and Block A. Registered Plan 966 along the east side of Old Vienna road from "Highway Service Commercial" to "Low Density Residential" in the County of Oxford Official Plan; AND RESOLVED FURTHER THAT the Council of the Town of Tillsonburg approve the Zoning By -Law for an application submitted by Peter Staley and the Town of Tillsonburg for lands located in Lot 3851, Plan 500 and Block A. Registered Plan 966 that rezones the property from "Highway Commercial (C2)" and "Open Space (0)" Zones to a "Residential First Density (R1)" Zone in the Town of Tillsonburg Zoning By -Law. "Carried" 2. Hickory Hills Developments Inc. Mike Barrett, Planner, County of Oxford, addressed Town Council and presented Report #98-181, from the County of Oxford Planning/Development Department. Mr. Patrick Sweet, Planner on behalf of Hickory Hills Developments Inc. addressed Town Council in support of the application to amend the Official Plan and for change to the Town's Zoning By -Law with respect to the proposed residential development. Mr. Ian Linton of Gibson, Linton, Toth, Campbell and Bennett, addressed Town Council on behalf of Hickory Hills Developments Inc. and stated that the proposed amendment should be supported by Town Council as there is an abundance of high density residential lands in the Town of Tillsonburg and that if not approved these lands will remain vacant for many years. Mr. Ron Thornton, President of Hickory Hills Residents Association, addressed Town Council and stated that most members of the Association Poo were in favour of the proposed residential development. Mr. Steve Smith, President of Hickory Hills Developments Inc. addressed r+ Town Council in support of the proposed amendment to the Official Plan and change the Town's Zoning By -Law with respect to the residential development and further stated that there is no market for high density residential development at the present time in the Town of Tillsonburg. Two residents addressed Town Council in support of the Official Plan Change and Zone Change Application. Town Council discussed at great length continued care needs for residents of the Town of Tillsonburg. No. 4 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT the Council of the Town of Tillsonburg advise Oxford County Council that it is not in favour of the application for Official Plan Amendment and Draft Plan of Subdivision submitted by Hickory Hills Developments Inc. for the lands located in Lot 22, Registered Plan 41M-87, Town of Tillsonburg; AND RESOLVED FURTHER THAT the Council of the Town of Tillsonburg deny the application for Zone Change submitted by Hickory Hills Developments Inc. for the lands located in Lot 221 Registered Plan 41M-87, Town of Tillsonburg requesting to rezone the property from a special "Residential Third Density (R3-14)" Zone to special "Residential Second Density (R2-3)" Zone. "Carried" 3. Ron Hoorelbeke The correspondence from Mr. Ron Hoorelbeke was received. Mr. Mike Barrett, Planner, County of Oxford addressed Town Council and presented Report #98-175 from the County of Oxford Planning & Development Department. Mr. Ron Hoorelbeke, owner, Craft Tree, addressed Town Council and requested support for the application for zone change to the Town's Zoning By-law. Mr. Andy Balazs, owner, addressed Town Council in support of the application for zone change to the Town's Zoning By-law. Town Council, at great length, discussed the proposed commercial development, and it was defined that the proposed use was a commercial art studio with no more than 50% retail. ow" No. 5 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT the Council of the Town of Tillsonburg approve the Zoning By -Law amendment application submitted by Ron Hoorelbeke, for lands located at Lot 385, Plan 500, in the Town of Tillsonburg, which requests the inclusion of a commercial art studio with no more than 50% retail within the list of uses permitted on the subject property. "Carried" F. Reports Public Services Committee Minutes of November 0, 1998 2. Fire committee Minutes of November 3rd, 1998 3. Otter Valley Utility Corridor & Recreation Trail Committee "Draft" Minutes of November 3rd, 1998 (enclosed) G. Communications County of Oxford re: Condominium Approval by Exemption — 1173644 Ontario Inc. (Graydon) (Report #98-180 attached) 2. Town of Walkerton re: Support of Resolution — Gasoline Taxes and Maintenance of Highways 3. Tillsonburg P.U.C. re: 1999 Water Department Budget 4. Township of West Nissouri re: Support of Resolution — Petitioning that School Boards are Not Forced to Close Rural Schools 5. World 2000 re: i) Appointment of Millennium Committee ii) Ontario Meeting of community Millennium Committees — February 13`h, 1999 in Toronto H. Information 1. Susan Flint re: Letter of Appreciation P" 2. Privatization Secretariat re: Delivery of Water and Sewage Services 3. Ministry of Citizenship, Culture and Recreation re: Allocation of Funds to Charities and Non -Profit Organizations (more information available from Clerk's office) 4. Richard Davis and Mary & Randy Ryder re: Concerns with Housing for Mental Health Programs 5. Ontario Trucking Association re: Trucking Industry 6. Tillsonburg Police Services Board Minutes of October 19'h,1998 7. The Ontario Flue -Cured Tobacco Growers' Marketing Board re: Appointment of Chair and Vice -Chair 8. Township of Norfolk re: Notice of Public Meeting — L'Chaim Shopping Centres Limited 9. Long Point Region Conservation Authority Minutes of October 7t', 1998 10. AMCTO re: Up -Date on the Proposed Mandated Limits on Commercial and Industrial Property Tax Increases 11. Ministry of Finance re: Finance Minister Introduces Legislation to Help Small Businesses 12. Association of Municipalities of Ontario re: i) Municipal Member Communication ii) Standards For Sulphur in Gasoline iii) AMO Pursues Unanswered Questions on Mandatory Capping 13. Rock's Mill Dam re: Preliminary Discussion Report on Future Management Direction I. Resolutions No. 6 Moved by Councillor Rosehart Seconded by Councillor Leachman AND RESOLVED THAT Item #2 of Public Services Committee Minutes be divided and voted on separately. "Carried" Town Council approved the recommendation as contained in the Minutes of Public Services dated November 4, 1998, with respect to item #A.2 — CBO Truck Replacement. ON" No. 7 Moved by Councillor Molnar Seconded by Councillor Carroll AND RESOLVED THAT Item #8 — Parking Amendments — Bridge Street or Public Services dated November 4th, 1998 be divided. "Carried" No. 8 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Item #8 — Parking Amendments — Bridge Street of the Minutes of Public Services dated November 4`h, 1998 be tabled. "Carried" No. 9 Moved by Councillor Carroll Seconded by Councillor Rosehart AND RESOLVED THAT Item # 16 — Two hour parking — Centre Corporation of the Minutes of Public Services Committee under date of November 4d', 1998 be divided and voted on separately. "Carried" No. 10 Moved by Councillor Carroll Seconded by Councillor Lamb AND RESOLVED THAT Item # 16 — Two Hour Parking — Centre Corp. — of Minutes of Public Services under date 00% of November 4`h, 1998 be referred to Tillsonburg B.I.A. and be brought back to Public Services for report to Town Council. "Carried" No. 11 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Public Services Committee Minutes of November 4`h, 1998 be received and recommendations contained therein be adopted. "Carried" No. 12 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the fire Committee Minutes of November 3rd, 1998 be received and recommendations contained therein be adopted. "Carried" No. 13 Moved by Councillor Lamb Seconded by Councillor Carroll AND RESOLVED THAT the Otter Valley Utility Corridor and Recreation Trail Committee Minutes of November 3rd, 1998 be received and recommendations contained therein be adopted. """ "Carried" No. 14 Moved by Councillor Molnar �•, Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that it approve the exemption from condominium process for the application submitted by 1173644 Ontario Inc., for Phase 2 of the rowhouse units located in Part of Second Street (closed) and Third Street (closed), Registered Plan 214, Lots 432 and 433, Pt. Lots 436 and 437, Plan 500, in the Town of Tillsonburg. "Carried" No. 15 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg support the Town of Walkerton's resolution regarding gasoline taxes and maintenance of highways. "Carried" No. 16 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council of the Town of Tillsonburg approve the Tillsonburg Public Utility Commission's 1999 Water Department Budget as presented. "Carried" No. 17 Moved by Councillor Rosehart Seconded by Councillor Morton AND RESOLVED THAT the Council of the Town of Tillsonburg..support the Township of West Nissouri's Resolution petitioning the Provincial Government to ensure, through proper levels of funding, that school boards are not forced to close rural schools. "Carried" No. 18 Moved by Councillor Horton , Seconded by Councillor Rosehart AND RESOLVED 'THAT.the Council of the Town of Tillsonburg consider forming a Millennium Committee, consisting of Council members and/or members of volunieer groups, to represent the Tillsonburg community. «Carried" No. 19 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT._Council- move into Executive Closed Session to consider matters of potential litigation.. • . "Carried" r--.;::! I IM L. B4: By -Laws The following By-laws received three readings and were finally enacted: 1. By -Law 2870 To repeal By -Law 2742 to authorize the implementation of a tree policy; 2. By -Law 2872 To amend By -Law 2103, as amended (Designated Stop Signs); 3. By -Law 2872 To authorize an Encroachment Agreement (James and Linda Mercer); 4. By -Law 2873 To authorize an Encroachment Agreement (Clark/Rochon); The following By -Law received first and second reading: 5. By -Law 2874 To amend Zoning By -Law 1994, as amended (Staley) Notice of Motion Closed Session No. 19 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Town Council move into Closed Session — Executive (following -Town Council) to consider matters of potential litigation. "Carried" Oven Session Council moved back into Open Session of Town Council and adjourned. Meeting adjourned at 3:15 P.M.