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021125 Regular Council Meeting Minutesz MINUTES: Meeting for the Committee "Open Council" '+ Review Access: • Public r J Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday November 25, 2002 07:00 PM Council Chambers Chair: Iry Horton 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 Public Meetings Delegations Community Services Operations Corporate Services Information Items Items of Public Interest By -Laws Closed Meeting Session continued Committee of the Whole Report Adjournment CALL TO ORDER CLOSED MEETING SESSION >No. 1 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Iv Page 1 MINUTES: Meeting for the Committee "Open Council" offll� MINUTES & BUSINESS ARISING OUT OF THE MINUTES > DNovember 12, 2002 No. 2 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of Council under date of November 12th, 2002 be adopted. "Carried" ADOPTION OF AGENDA > No. 3 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Agenda as prepared for the Council Meeting of November 25th, 2002 be adopted. "Carried" PUBLIC MEETINGS 1. Committee of Adiustment Application - Mr. Doug Barnes (File A-43!02) D. Presented By: Mr. Paul Michiels, Planner, County of Oxford /6� Notice of Public Hearing... �1 F! Report from the County of Oxford Planning Department... A43-02-TIL.pdi Mr. Paul Michiels, Planner, County of Oxford, appeared before Council and reviewed the attached report. Mrs. Shirley Magashazi, agent for the applicant, was present and commented with respect to her submission, as contained in the report of the County Planner (as attached). No other persons appeared in support of, or opposition to, the subject application. Council passed the following resolution. Resolution > No. 4 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment defer application A-43102 for 60 Seres Drive for the following reasons: 1) To allow the application to be considered at the public hearing to be held by the Committee of Adjustment with Hickory Hills property owners; and 2) To allow the applicant's to consider removal of the existing covering over the rear deck to bring the property more into compliance with the provisions of the R2-3 zone. "Carried" Page 2 MINUTES: Meeting for the Committee "Open Council" 2. Application for Zone Change - Peter & Jacoba Retsinas (File ZON 7-294) D 1001IN Presented By: Mr. Paul Michiels, Planner, County of Oxford County Report... Mr. Paul Michiels, Planner, County of Oxford, appeared before Council and reviewed the attached report. Mr. Dennis Odorjan, solicitor for the applicants, appeared before Council, in support of the subject application. Mr. Retsinas appeared before Council as well. The owner of property known as 123 Wilson, asked if there would be any age restrictions for residents. Mr. Fishback, of Concession Street, questioned if they would be rental properties or individually owned. The response was that the properties would be individually owned. In response to some concerns, Mr. Michaels explained the public meeting process. Mayor Horton called an end to the discussion and explained that at the site plan approval stage another public meeting would be held. He added that further discussion can be held and will be permitted at that time. It was noted that those circulated for this meeting will receive notification of the next public meeting. Anyone that was not on the circulation list for this meeting, and wishes to receive notification, was asked to contact Mr. Michiels or call the Tillsonburg Customer Service Centre at 842--9200. Council passed the following resolution. Resolution > No. 5 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg defer the Zoning By -Law amendment application submitted by Peter and Jacoba Retsinas, whereby lands located at Part Lot 5, Registered Plan 1646 and Part 1, Plan 41 R-3452, in the Town of Tillsonburg, are zone from 'Residential First Density (R1)' to Special 'Residential Third Density (R3 -Special)' to allow the applicant to submit a formal site plan application to address traffic, slope stability, servicing and site design issues. "Carried" 3. Application for Official Plan Amendment - Rock Developments Inc. (File OP 11-63) Presented By: Mr. Paul Michiels, Planner, County of Oxford OP11-71.pdt Page 3 MINUTES: Meeting for the Committee "Open Council" Mr. Paul Michiels, Planner, County of Oxford, appeared before Council and reviewed the eoft,N attached report. Mr. McMann clarified the application for Official Plan Amendment, and that the intent was to clarify that the grocery store use, of no more than 40,000 square feet, is clearly permitted. The solicitor for the owners of the property appeared on behalf of the owners in support of Rock Developments. Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT Council move into Executive Closed Session. "Carried" Council moved into Closed Session and, following a brief meeting, reconvened in Open Session. Ms. Donna Rosenthal noted that she, along with others, had been named in a lawsuit from Rock Developments. She expressed concerns with respect to a conflict of interest. In response to Ms. Rosenthal's comments, Mayor Horton noted that there are two separate issues ... one being a zoning amendment as passed by Council ... and the other, which is the issue at hand, is an Official Plan Amendment. Mayor Horton responded that there is not a conflict of interest. Mayor Horton opened the floor for anyone wishing to speak. Mr. Dave Rowe, a partner in the business at 146 Broadway, spoke in support of the application. He added that he is a registered planner with 30 years experience and, having had an opportunity to review the staff planning report, concurred with the recommendation of staff. In his opinion, based on the tests set out, the lead for a market impact study does satisfy the requirements of the Official Plan and commended Council for the clarification. He added that there seems to be a lack of understanding of the former B.I.A. He would like to see the plannign staff explain the commercial policies of the plan and how they plan to protect the function of the downtown core. He noted that the position taken by the B.I.A. was not supported by himself. He would like to see a reconstituted B.I.A. that represents the position of the small retailers. Mr. Hitchon noted that he would like Council to speak very clearly to the Board of its intent. Mr. John Gilvesy appeared before Council in opposition to the application. He noted that downtown merchants and property owners have made significant investments in the downtown and its future. This decision will impact the future. Allowing a grocery store to locate outside of the core could negatively impact the core, drive traffic away, and eliminate development of a second grocery store in the downtown core. He concurred with the commercial working group recommendation that a grocery store should be located in the central commercial zone, and by allowing a grocery store to locate outside of the core may lay the ground work for other commercial interest to move out of the downtown. He noted that Tillsonburg has a vacant grocery store in the downtown core, as well as space at the southend. He stated that it's vital that the downtown retains and creates jobs and a strong tax base. He noted that locating in the downtown core would create similar new employment opportunities, and added that if downtown anchors are forced to close, job losses could result. He noted that he supported smart development. He added that the proposed Official Plan Amendment is site specific and prejudices other Page 4 MINUTES: Meeting for the Committee "Open Council' commercial uses in downtown Tillsonburg. He suggested that it be the aim of the Town �1 to bring Sobey's downtown, and presented a possible plan, as attached. 1265460.pdf Mr. Bill Irvine appeared in opposition to the application, and wants to see the downtown area maintained. He added that merchants in the C1 zone have been paying taxes for a number of years and expect that, as years go by, their stores will be worth more. He asked that when a decision is made, it be made with heads and hearts. Mr. Irvine also referred to a letter from Mr. John Armstrong, as attached... p. Armstrong.pdf Mr. George Gilvesy appeared in opposition to the application. He requested that all notices be forwarded in good time, as he did not received notice of this meeting. Mr. Gilvesy stated that he believes there are opportunities that a workable in the downtown for the subject development, including the grocery store in the Town Centre Mall. The other opportunity would be at the southend. He urged Council to consider allinformatin, and noted that he concurred with the desire to develop the store, but believes it should be in the downtown. Ms. Donna Rosenthal appeared in opposition to the application. She noted that she was a member of the former B.I.A. In addition to supporting the comments already made, Ms. Rosenthal made reference to the alleged condition of Zellers and that there could be a f,ft� large vacancy in the Town Centre Mall. Ms. Rosenthal further stated that Sobeys would be in a position to bite at the heals of Loblaws and other chains. Mr. Baubie, 1 Primrose, appeared in support of the application. Mr. Baubie stated that it was up to the downtown stores to earn his business, and that development of the Sobeys store outside of the downtown core should not impact the downtown. Mr. Hercules Burwell appeared in support of the application. He stated that the B.I.A. itself is moving people out of the Town to buy elsewhere. Mr. Rick Miggens, a member of the former B.I.A., appeared in opposition to the application. Mr. Miggens noted that if there were already two grocery stores in the downtown the B.I.A. would not have filed an appeal. Mrs. Brenda Carroll requested that adequate notification be given. Council passed the following resolution. Resolution > No. 7 Moved by Seconded by AND RESOLVED THAT the Council of the Town of Tillsonburg defer the application to amend the Official Plan by Rock Developments Inc. "Carried" It was confirmed that this application will come back to Council on December 9th, 2002. Mayor Horton noted that deferral of this application for amendement to the Official Plan does not mean that Council has changed its position. The reason for the deferral of the amendment is that there seems to be a little ambiguity in terms of the goal as to what is to Page 5 MINUTES: Meeting for the Committee "Open Council" be achieved. A letter had been submitted in the middle of this meeting, at it needed to be looked at carefully. The County Planning Department has had not opportunity to look at it and make a recommendation. A copy of the letter is attached... Janecki.pdf DELEGATIONS COMMUNITY SERVICES 4. Tillsonburg Public Library RE: Reserve Funds Resolution > No. 8 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the request from the Tillsonburg Public Library be received and referred to staff to include with recommendations for 2002 Reserves. "Carried" OPERATIONS CORPORATE SERVICES 5. Overnight Parking (By -Law 2997) Presented By: Kathleen Musselman, Municipal By -Law Enforcement Officer Parking By -Law Report.dc Resolution > No. 9 Moved by Councillor Smith Seconded by Councillor Molnar AND RESOLVED THAT the staff report regarding overnight parking, dated November 18, 2002, be received and that By -Law 2997 be implemented without modification. "Carried" No. 10 Moved by Councillor Molnar Seconded by Councillor Beres 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 November 25th, 2002. "Carried" 6. Taxi and Limousine Regulating By -Law Page 6 MINUTES: Meeting for the Committee "Open Council" IA� R Taxi to Council November 25, 20026.( Resolution > No. 11 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the staff report regarding the taxi and limousine regulating by-law, dated November 19, 2002, be received, and that the by-law be presented to Council for third reading. "Carried" INFORMATION ITEMS 7. Airport Advisory Committee Minutes D 8. Long Point Region Conservation Authority Minutes of October 2. 2002 D > Resolution No. 12 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to the LPRCA that any potential budget impact, for the year 2003, be limited to an increase of less than 3%. "Carried" 9. Public Notice - Application for Zone Change - Vanwynsberghe D F, ITEMS OF PUBLIC INTEREST BY-LAWS > The following By -Laws are to be considered for third reading: By -Law 2995 - To License, Regulate and Govern Taxicabs & Limousines (Received first and second reading January 28, 2002) 91 2995.doc By -Law 3039 - To amend By -Law 2947 establishing the Tillsonburg Cemetery Advisory Board (Received first and second reading November 12, 2002) Page 7 MINUTES: Meeting for the Committee "Open Council" Draft Cemetery Advisory Committee Bylav By -Law 3040 - To establish the Tillsonburg Airport Advisory Committee (Received first and second reading November 12, 2002) Draft Airport Advisory Committee Byla%A Resolutions Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and report on By -Law numbers 2995, 3039 and 3040 as passed in Committee with amendment. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 2995 to license, regulate and govern Taxicabs & Limousines 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" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3039 to amend By -Law 2947 to establish the Tillsonburg Cemetery Advisory Board 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" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3040 to establish the Tillsonburg Airport Advisory Committee 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" CLOSED MEETING SESSION CONTINUED > No. 13 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" COMMITTEE OF THE WHOLE REPORT ADJOURNMENT Page 8 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1) Lana Verstraeten/Tillsonburg (Friday December 06, 2002 04:00 PM) ka Town of Tillsonburg Page 9