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040525 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" Review Access: • Public � Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Tuesday May 25, 2004 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 Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Council move into executive closed session. Page 1 MINUTES: Meeting for the Committee "Open Council" "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF > Councillor Stephenson declared an interest with respect to Item #11. Councillor Renaud declared an interest with respect to Item #3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES > Minutes of May 10, 2004 D No. 2 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the Council Minutes of May 10th, 2004 be adopted. "Carried" ADOPTION OF AGENDA No. 3 /Om� Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Agenda as prepared for the Council Meeting of May 25, 2004 be adopted. "Carried" PRESENTATIONS PUBLIC MEETINGS 1 Application for Minor Variance - A-09104 - County Contracting of Wheatley, Ltd. d Presented By: Mr. Paul Michiels, Planner, County of Oxford Resolution No. 4 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-09104 for 35 Hereford Street, subject to the following conditions: 1) If required, that a revised survey be submitted for the subject property to the 14� satisfaction of the Town's Chief Building Official. "Carried" Page 2 e"b1 MINUTES: Meeting for the Committee "Open Council" P. Michiels gave county report. A representative from County Contracting spoke in favour of the minor variance. Living Presented By: Mr. Paul Michiels, Planner, County of Oxford Resolution No. 5 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED That the Tillsonburg Committee of Adjustment approve application A-11/04 for 23 Queen Street, subject to the following conditions: 1 r; ; ;' :c .„ , "?l or the proposed deck and ramp shall be issued within one year of the date of the Comri -11►►OG :, ovuii�,on: , —A. ,c aNN+ication be amended to delete the requested variance from section 8.2.1.8.e, rear Yard. "Carried" Jeff Binder spoke on behalf of the TDACL and spoke in support of the application Peter Chimarney a neighbour spoke in support of the application. 3 Application for Minor Variance - A-10/04 - Pizza Pizza Cash -in -lieu of Parking Presented By: Mr. Paul Michiels, Planner, County of Oxford 6 ¢iii x. � L �{f�•�k,•y,.���i A10-04-TIL.pdf memo & application.pc notice. 1 0.04.pdf parking analysis.pizzapizza.p No. 6 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-10/04 for 169 Broadway, subject to the following conditions: 1) That a renovation permit for the proposed restaurant be obtained within one year of the date of the Committee's decision, if required; 2) That the requested variance be amended to reduce the requested reduction in the number of additional parking spaces to be provided Page 3 MINUTES: Meeting for the Committee "Open Council" from the required 20 to 6; 3) That a cash -in -lieu of parking agreement be entered into with the Town to provide for a minimum of 6 parking spaces. "Carried" David Brown, planning consultant with Pizza Pizza, spoke to the payment in -lieu of parking portion of the application. The study included with the application suggested that no additional parking spaces would be required beyond the 7 parking spaces currently provided. He suggested that 10 tables with approximately 4 chairs per table was the configuration, and that in that case there should only be a requirement to have 3 additional parking spaces. Luke VanMaele, owner of property on the north side of the location of this application, stated that they have more than enough parking for their tenants. He questioned if he has the right to post signs saying that anyone parking at that location would be towed away. D. Morris reported that owners of property are allowed to post signs saying that parking is for tenants only. However, in the case of towing, the issue could be dealt with through a site specific by-law if an individual property owner felt it were necessary to proceed that way. D. Morris suggested that the cost to develop parking usually ranges from $3,000 - $9,000 per parking space. Our cash -in -lieu of parking cost is $1,300/parking space. 11M1 The Director of Corporate Services was asked to do a study in conjunction with the BIA to determine our cost of cash -in -lieu of parking compared to other municipalities. .ford 4 Application for Official Plan and Zone Change - 3 Rouse Street Presented By: Mr. Paul Michiels, Planner, County of OP11-93_ZON 7-309.pd No. 7 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT the Tillsonburg Town Council advise .ford County Council that they are in favour of an application to amend the Official Plan, submitted by The Church of the Living Water, to iesignate lands located at Part Lots 1607 & 1609, Plan 500 and Part 2, Plan 41 R-3653, in Town of Tillsonburg, from 'Industrial' to 'Highway Service Commercial' to allow for the severance of a highway commercial lot for the construction of a church and associated parking. AND FURTHER RESOLVED that the Council of the Town of Tillsonburg approve in principle the application by The Church of the Living Water to rezone lands located at Part Lots 1607 & 1609, ,Aft� Plan 500 and Part 2, Plan 41 R-3653, in the Town of Tillsonburg from 'General Industrial (M2)' to Special `Highway Commercial (C2 -Special)' to allow for the severance of a highway commercial lot for the construction of a church and associated parking. Page 4 MINUTES: Meeting for the Committee "Open Council" "Carried" The Pastor of The Church of the Living Water spoke in favour of the application. Mayor Molnar suggested that the group should recognize that the remainder of the property was still zoned Industrial and could be the subject of an Industrial development at some point and time and the applicants should acknowledge that was acceptable to them. The Pastor acknowledged that that was acceptable. Councillor Renaud asked if a fence would be located near the rail line to ensure that no children would be able to access the rail line from the church. The applicant indicated that they were intending to fence that area. DELEGATIONS QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER /0" OPERATIONS > 5. T2004-004 Tender results for supply and placement of hot mix asphalt paving T2004-004 Hot Mix Asphalt Paving Tender Results Discussion regarding the possibility of paving Charlotte Avenue instead of Goshen Street. Discussion regarding a report for some other arterial areas and to see what funds may be available to utilize for those types of projects. No. 8 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the Staff Report from the Director of Operations dated May 19, 2004 be received; AND FURTHER THAT Tender T2004 - 004- Hot Mix Asphalt Paving - be awarded to Permanent Paving Ltd. of Woodstock, Ontario at a cost of $112,952.71 and the Goshen Street resurfacing project be added to the 2004 capital budget. "Carried" Page 5 MINUTES: Meeting for the Committee "Open Council" 6. T2004-005 Tender results for supply and placement of concrete sidewalk and curb and gutter T2004-005 Concrete Sidewalk and Curb and Gutter Tender Resul No. 9 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the Staff Report from the Director of Operations dated May 19, 2004 be received; AND FURTHER THAT Tender T2004 - 005 - Construction of Concrete sidewalk and Curb & Gutter - be awarded to Autoform Construction Ltd. of London, Ontario at a cost of $ $58,478.87 "Carried" COMMUNITY SERVICES 7. Communay :::Ledures [j Resolution No. 10 ,,.*N Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the Community Centre Booking Procedures Report be received. "Carried" CORPORATE SERVICES 8. Bidwell Street Closing Cj Presented By: Michael Graves Resolution No. 11 Moved by Deputy Mayor Smith Seconded by Councillor Stephenson AND RESOLVED THAT the southerly portion of Bidwell Street South as indicated in the map attached to the Road Closing South Bidwell report dated May 18, 2004, be received as information. "Carried" John Vance spoke to the situation at 4 Bidwell Street. The County has given him some problems but they are still picking up his waste. His property is numbered 4 Bidwell Street 14� and although he has access through Fox Alley he feels maintaining access to Bidwell Street would be preferred. He was concerned about emergency access for himself and the proposed condominium development taking place at Mill Pond Estates. Concerns about the Page 6 MINUTES: Meeting for the Committee "Open Council" ,�••� access for police enforcement issues. Even though there is a nasty curve to access John Pound Road, closing the road is still not the right way to go. He feels that closing the road for one person over another is certainly not the best option. E. Mitchell brought forth a petition of 119 individuals opposing the closing. Julius Pogzai had concerns regarding emergency access and the effect on parking in that area. Concerned that this is favouring one resident over another. Also concerns about paving that recently took place. We are already famous for our wide main street are we trying to be famous for our wide sidewalks? The question was asked if this had been requested by the developer of Mill Pond Estates? D. Morris suggested that how it connects to John Pound Road is not a safe access. There is a trend to develop that area and that will increase traffic on John Pound Road. There is not enough visibility for a vehicle to stop in time down that portion of the road. If vehicles cannot stop they may swerve and cause a serious accident. If we increase the traffic in that area the traffic consultant suggested that it will cause an accident. E. Mitchell suggested that she has been on more dangerous roads, and further asked if Kevin Aspden had asked to close this road. D. Morris suggested that the developer was agreeable to having the road closed, but it was staff that suggested that the road be closed due to safety. E. Mitchell noted that Kevin Aspden was not present and questioned why, if he has a serious concern, he was not. Julius Pogzai noted concerns about pedestrian access across the road, and that it is the same traffic accessing Bloomer Street. The Mayor suggested that the link to the pedestrian bridge is across from Bloomer Street. John Vance stated that everyone agrees that it is a dangerous access, and that right above the Broadway Street dead end, perhaps removing some of that hill would increase visibility in that area. Councillor Renaud commented that perhaps we should ask the Traffic Advisory Committee to review any concerns about the increased traffic, and perhaps it could be reviewed to ensure that no one can take a left turn out of that road. Mayor Molnar asked the CAO what steps we would take to ensure that the safety issues are not overlooked. D. Morris commented that, given the fact that we have a traffic study showing the danger of that area, we cannot ignore it, and staff will review the area. Page 7 MINUTES: Meeting for the Committee "Open Council" 9. Lifting of Part Lot Control - Tillsonburg Developments Inc. Presented By: Director of Corporate Services Resolution No. 12 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the lands consisting of the Lot 53, Plan 41 M-182, being Parts 1-27 inclusive on the attached Draft Reference Plan 41 R- prepared by Kim Husted Surveying Ltd. dated 104, Town of Tillsonburg, be exempted from Part Lot Control and that the County be requested to enact the necessary exempting by-law as well as entering into a standard Part Lot Control Agreement with the Applicant. "Carried" Presented By: Director of Corporate Services Resolution Discussion regarding signage directing individuals to Spruce Street. No. 13 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the request from Creative Metalfest to place directional signage at the intersection of Oxford Street and Broadway at the South-west corner for the dates of May 28 - May 30, 2004 be approved. "DEFEATED" FINANCE 11. Tillsonburg and District Curling Club - Grant Request Presented By: Director of Finance Curling Club.pdi Resolution No. 14 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the request for the Curling Club for a grant of $1000 be approved. "Carried" Page 8 MINUTES: Meeting for the Committee °Open Council" 10� 12. Development Charges F) Resolution Presented By: Director of Finance No. 15 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT Council approve publication of an advertisement notifying the public that the Development Charges background report will be available June 7, 2004 and the public meeting will be on July 12, 2004 at 8 pm. "Carried" 13. Development Charges - Information Items FI Presented By: Director of Finance Two reports for information purposes... No. 16 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT the combined County eo'1 Development Charges Report and the Oxford County Council Development Charges Briefing be received as information. "Carried" INFORMATION ITEMS 14 Long Point Region Conservation Authority - New Brand identity for Conservation Ontario No. 17 Moved by Councillor Lamb Seconded by Councillor T. Smith AND RESOLVED THAT the correspondence from Long Point Region Conservation Authority regarding the New Brand Identity for Conservation Ontario be received as information. "Carried" RESOLUTIONS No. 18 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Council receive the petition from Elvy Mitchell opposing the road closure of that portion of Bidwell Street from Prospect to John Pound Road. Page 9 MINUTES: Meeting for the Committee °Open Council" P'a "Carried" BY-LAWS ITEMS OF PUBLIC INTEREST D. Morris updated Council on the status of the truck parking report. A report is anticipated in June 7, 2004. D. Morris also suggested that a report regarding the truck route would be forthcoming. Mayor Molnar asked Cynthia Hildebrand if she could review the possibility of a skate park report. Mayor Molnar reminded everyone of the Creative Metal Fest. CLOSED MEETING SESSION CONTINUED > No. 19 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Council move into closed executive session. "Carried" ADJOURNMENT Meeting adjourned. Approval Received: (1 of 1) Lana Lund/Tillsonburg (Thursday June 03, 2004 10:10 AM) Town of Tillsonburg Page 10