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Home My WebLink About1998-07-09 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting July 09, 1998 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, July 09, 1998 commencing at 10:00 a.m. Members Present Excused from Meeting Reeve M. Douglass Councillors W. Daniels V. Fabian N. Berg E. Stobbs J. Harbinson R. Steinbach M. Loewen B. Scheuerman C. Baksa Administrator M. Bowen Recording Secretary P. Hoffman All members were in attendance at this meeting. Minutes 1) Council Minutes - June 25, 1998 Minutes of the June 25, 1998 meeting were presented. Moved by Councillor Stobbs that we adopt these minutes as corrected. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. July 09, 1998 Page 104 4. 5 Adoption of A 7eg_nda Moved by Councillor Loewen that we adopt the agenda as amended. Carried. Business from Minutes 9-2 Street Signs - Hamlet of Scandia This item will be brought to a future meeting. Excused from Meeting Councillor Fabian excused himself from the meeting at 10:10 a.m. 7-2 Division 5 & 10 Recreation Board Volunteers At this time there are no volunteers for the Division 5 & 10 Recreation Board. 6-3 Newell Recycling Association - Request for Funding Moved by Councillor Baksa that we lift the following motion from the table: "Moved by Councillor Daniels that we donate the monies budgeted in 1998 for recycling to the Newell Recycling Association." Moved by Councillor Baksa that this motion be amended to "that the monies budgeted in 1998 for recycling be donated 2/3 to Newell Recycling Association and 1/3 to Bassano Area Resource Recycling Association". Returned to Meeting Councillor Fabian returned to the meeting at 10:16 a.m. Vote on amendment. Carried. Vote on amended motion. Carried. July 09, 1998 Page 105 9-3 Rolling Hills - Offer to Purchase - Lot 11 Block 3 Plan 82102258 Moved by Councillor Loewen that we stand firm with our offer of $2,750.00 for this lot. Carried. 9-1 Municipal Affairs - Municipal 2000 Sponsorship Program The County Administrator presented a'report on the cost of networking our computer system. Moved by Councillor Berg that we apply to the Municipal 2000 Sponsorship Program for a grant to network our computer system. Carried. 6. Correspondence There were no correspondence items. 7. Other Business There were no items of Other Business. 8. Post Agenda Items 1. Town of Brooks - Agreement for Grading Moved by Councillor Stobbs that we add snowplowing at $75.00 per hour to the proposed agreement with the Town of Brooks for road maintenance for roads listed in the agreement. Carried. 2. Dirt Agreement - Lakeside - NE 14-19-15-W4 Moved by Councillor Daniels that we deny the above -noted Dirt Agreement. Moved by Councillor Loewen that this motion be postponed until later in the meeting. Carried. July 09, 1998 Page 106 3. 1998 Taxes Collected The County Administrator reported that approximately 98% of the current year's taxes have been collected. 4. Letter from Brotherhood of Maintenance of Way Employees The County Administrator read a letter from the Brotherhood of Maintenance of Way Employees, regarding grain handling and transportation workers, to Council. This item will be brought to the next meeting. 9. Bylaw #1250-98 - 12-18-15-W4 - McColman / Martin Agricultural to Resort Residential 1 Dean Martin and Ed Sweep were in attendance to present information on this land use /D change. Moved by Councillor Baksa that Bylaw #1250-98, being a bylaw to amend I� Land Use Bylaw #1004-90 for a land use change in 12-18-15-W4 from Agricultural to Resort Residential 1 receive first reading. Carried. Post Agenda Items (cont'd) 5. Performance Appraisals Councillor Fabian had two items to discuss with regard to Performance Appraisals. The first item was referred to the In Camera Session. Moved by Councillor Fabian that we engage a consulting firm to conduct a performance appraisal review of this Council's operations of the past six years; the purpose of this review is to determine if we practised good stewardship and acted responsibly relative to legislative and fiscal accountability and whether we always acted in the best interest of the people we represent, namely the ratepayers. Councillor Fabian requested a recorded vote on this motion. Moved by Councillor Loewen that this motion be amended to have the appraisal encompass the entire County operation. Moved by Councillor Daniels that this motion be postponed until later in the meeting. Carried. July 09, 1998 Page 107 10. Public Hearing - Bylaw 1249-98 Section 56.7 - HSF (Hamlet Single Family Residential District) Section 57.7 - HRM (Hamlet Residential District) Section 58.7 - HMH (Hamlet Mobile Home Residential District) Amendment to Land Use Bylaw #1004-90 for a change in the regulations for mobile homes and moved -in buildings in the Hamlets. Moved by Councillor Baksa that we recess for the Public Hearing at 11:30 a.m. Carried. The meeting reconvened at 11:33 a.m. 11. Bylaw 1249-98 - 2nd & 3rd Readings Bylaw 1249-98 is a bylaw to amend Land Use Bylaw 1004-90 by adding to: n Section 56.7 - HSF (Hamlet Single Family Residential District) 1y Section 57.7 - HRM (Hamlet Residential District) Section 58.7 - HMH (Hamlet Mobile Home Residential District) the following: The Hamlet Advisory Committees should, within 7 days of notification, provide a written recommendation to the Development Control Officer and/or the Municipal Planning Commission on the relocation of mobile homes and moved -in single family dwellings prior to approval by the Development Control Officer or the Municipal Planning Commission. If no written recommendation is received within the specified 7 days, it shall be deemed there is no objection. Moved by Councillor Fabian that Bylaw 1249-98, being a bylaw to amend Land Use Bylaw #1004-90 for a change in the regulations for mobile homes and moved -in buildings in the Hamlets, receive second reading. Carried. Moved by Councillor Stobbs that Bylaw 1249-98 receive third reading. Carried. July 09, 1998 Page 108 Post Agenda Items (cont'd) 5. Performance Appraisals (cont'd) Moved by Councillor Berg that this motion be tabled. Councillor Fabian requested a recorded vote on this motion. For Division 1 Councillor Daniels Division 3 Councillor Berg Division 4 Councillor Stobbs Division 5 Councillor Harbinson Division 6 Councillor Steinbach Division 7 Councillor Loewen Division 8 Councillor Scheuerman Division 10 Councillor Baksa Against Division 2 Councillor Fabian Division 9 Reeve Douglass Carried. 12. Cheques for Payment / Direct Debit RegisterNr i� Moved by Councillor Harbinson that Cheques #2340 - 42390, #2392 - #2479 & #2481- �'l #2547 in the amount of $974,714.75 and Direct Debit Register Batches #3835 & #3842 1 in the amount of $4,713.67 be approved for payment. Carried. 13. Committee Reports Minister of Municipal Affairs - Hon. Iris Evans Reeve Douglass and Councillor Berg reported on the July 3rd meeting with the Hon. Iris Evans. Municipal 1. Special Constable Bylaw #1251-98 Moved by Councillor Scheuerman that Bylaw #1251-98, being a bylaw to establish the designated officer position of Bylaw Enforcement Officer and assign powers and duties to the Bylaw Enforcement Officer, receive first reading. Carried. July 09, 1998 Page 109 Moved by Councillor Baksa that Bylaw #1251-98 receive second reading. Carried. 2. Drainaize Councillor Daniels presented a draft Drainage Policy for review which is to be brought to the next Municipal Committee meeting. Lunch Council recessed for lunch from 12:00 noon to 1:30 p.m. 14. In Camera Moved by Councillor Daniels that we move in camera. Carried. Moved by Councillor Berg that we move out of camera. Carried. 15. Public Hearing - Bylaw #1248-98 NW & SW 32-17-14-W4 & SE 31-17-14-W4 Agricultural to County Residential Moved by Councillor Steinbach that we recess for the Public Hearing at 2:00 p.m. Carried. The meeting reconvened at 3:15 p.m. 16. Bylaw #1248-98 (2^d and 3,d Readingsl Moved by Councillor Loewen that Bylaw #1248-98, being a bylaw to amend Bylaw #1004-90 for a land use change in NW & SW '/432-17-14-W4 and Pt. SE 31-17-14- W4 from Agricultural to Country Residential, receive second reading. Moved by Councillor Baksa that we amend the bylaw to read "..take effect after the approval of the area structure plan on the date...." Vote on amendment. Carried. Moved by Councillor Scheuerman that this motion be tabled for further consideration. Defeated. Vote on second reading. Defeated. July 09, 1998 Page 110 ly _P'. Committee Reports (cont'd) MPC 1. 98 NL 12 - Pt. NW 4-20-14-W4 - Duchess Scheuerman_ Bernard - Councillor Scheuerman declared a pecuniary interest and excused himself from discussion or voting on this item. He left the Council Chambers at 3:27 p.m. Moved by Councillor Fabian that we approve this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant entering into an agreement with the County of Newell for the widening of the existing approach for joint access by both the proposed and remnant parcels; and subject to the signing of a joint access agreement for use of the single access. Carried. Councillor Scheuerman returned to the Council Chambers and resumed participation in the meeting at 3:35 p.m. 2. 98 NL 13 - Pt. SE 18-19-14-W4 - Brooks Christianson. Cam - Reesor, Robert Moved by Councillor Fabian that we approve this subdivision subject to the applicant entering into a service agreement with the County to install an approach, to be located to the west of the existing undeveloped road allowance at a location to the satisfaction of the Public Works Department, to the subject property with no access to the Trans Canada Highway permitted; subject to a caveat being placed on the title of the proposed parcel that states when it is further subdivided, a 20 m wide service road is constructed along the southerly boundary or to the satisfaction of the County to provide access to the separate parcels; subject to the applicant dedicating a 5 -metre road right- of-way along the proposed parcel; subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to payment of money in -place -of municipal reserve in the amount of $11,499.00, being 10% of the existing market value of the land. Carried. July 09, 1998 Page 111 3. Change to Subdivision Application 98 NL 11 - Ptn. LSD 4-9-19-14-W4 - Brooks Theatre Holdings Moved by Councillor Fabian that we approve this subdivision subject to the following conditions: 1. The applicant consolidates Block C, Plan 7220GQ with LSD 4-19-14-W4M at the time of registration of the subdivision plan. 2. That a caveat be registered on title by Alberta. Transportation & Utilities for a 20 m wide service road along the most southerly property lines of the proposed 6.0 acre parcel and the .66 acre parcel from the western boundary of the residential property to the intersection of 1 st Street E and 15th Avenue W. This service road shall be at the developer's expense. 3. That when this service road is constructed, Instrument #841 202 003 be discharged from title and any existing access utilized by the residence be removed at the developer's expense. 4. That the County of Newell waives the .5 ha minimum parcel size requirement from the I - Industrial District for the .267 ha parcel to be subdivided in this subdivision. % Carried. Sound & Recording System The County Administrator gave this report. In Camera (cont'd) Moved by Councillor Stobbs that we move in camera. Carried. Moved by Councillor Baksa that we move out of camera. Carried. 17. Question Period/Notice of Motion A question period took place. July 09, 1998 Page 112 18. Information Items 1. A.A.M.D. & C. - Contact 19. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 4:45 p.m. Carried. REE, COUNTY ADMINISTRATOR July 09, 1998 Page 113 County of Newell No. 4 Minutes of Public Hearing July 09, 1998 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, July 09, 1998 commencing at 11:30 a.m.. Members Present Reeve M. Douglass Councillors W. Daniels V. Fabian N. Berg E. Stobbs J. Harbinson R. Steinbach M. Loewen B. Scheuerman C. Baksa Administrator M. Bowen Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 1.1:30 a.m. There were no members of the public in attendance. The Public Hearing dealt with By-law 1249-98 being a By-law to amend Land Use Bylaw 1004-90 for a change in the regulations for mobile homes and moved -in buildings in the Hamlets. There being no further discussion, it was moved by Councillor Stobbs that the Public Hearing adjourn at 11:33 a.m. Carried. REEVEs COUNTY ADMINISTRATOR County of Newell No. 4 Minutes of Public Hearing July 09, 1998 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, July 09, 1998 commencing at 2:00 p.m.. Members Present Reeve M. Douglass Councillors W. Daniels V. Fabian N. Berg E. Stobbs J. Harbinson R. Steinbach M. Loewen B. Scheuerman C. Baksa Administrator M. Bowen Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 2:00 p.m. There were 40 members of the public in attendance. The Public Hearing dealt with By-law #1248-98, being a bylaw to amend By-law #1004-90 for a land use change in NW & SW '/4 32-17-14-W4 and Pt. SE 31-17-14- W4 from Agricultural to Country Residential. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for comments from the developer. Steve Welling of P1anWell Consulting Ltd., on behalf of the developer Blain Homes & Holdings Ltd., presented the developer's vision of the development. Councillor Scheuerman asked for clarification on the type of water and sewer system that will be installed. Mr. Welling explained that there will not be any private water or sewage systems. Councillor Daniels inquired as to lot sizes. Mr. Welling stated they would be 1 to 2 acre parcels. Councillor Harbinson asked how they intended to limit the number of pets. Mr. Welling said that it could be done as part of the sales agreement, as a restrictive covenant on the title, in the area structure plan or by the community association. Jim Webber, Manager of the E.I.D., explained that this location was chosen because the traffic through the park is so congested, the bay is sheltered, a marina is an attractive option and there is easy access. The E.I.D. will retain ownership of the ' shoreline, for 30 metres back from the water. The sales contract states that the E.I.D. will have final approval of all water issues. Councillor Loewen asked if Lake Newell was going to be another Chestemere. Mr. Webber replied that the public will still have access to the shoreline and that the shoreline will be enhanced with walking trails. Councillor Daniels said that he understood that the E.I.D. has done a development study for the Lake Newell Area and asked what percentage of the lake is to be developed. Rick Martin of the E.I.D. answered that 38% of the shoreline is to remain protected. Councillor Daniels expressed concern with regard to drainage from the area into the lake. Mr. Webber stated that there is a condition in the purchase agreement stating that any drainage plans would require E.I.D. approval. Mr. Blain stated that they didn't anticipate any runoff. Councillor Harbinson wanted to know how many good swimming type beaches the lake has. Mr. Martin stated that there are not a lot of that type of beach. Councillor Harbinson expressed concern that even though the E.I.D. will retain ownership of the shoreline, people will shy away once homes are built. The Reeve then asked if anyone else wished to speak in favour of the development. Denis Blain, of Blain Homes and Holdings Ltd. and a partner in the Greenwald Inlet development, stated that when working on the Greenwald Inlet development, there seemed to be a demand for larger lots. They have proposed 63 lots. A wildlife study was done and environmental concerns for the lake will be met. Councillor Steinbach asked who did the wildlife study. Mr. Blain stated that Dale Scobie did a study on Burrowing Owls. Councillor Harbinson asked if there were Burrowing Owls found and stated that if there are not grasshoppers during a year, you wouldn't find any owls. Dale Scobie, who performed the study responded that he did not find any burrowing owls or any indication that they had inhabited the burrows this year or last. He used a standard protocol that is used by the government. Frank Percival, a local Realtor, stated that even though this development has not been advertised, the response by local business people has been overwhelming. He stated that when the cabin owners at Kinbrook planted trees the density of wildlife increased. He felt that if wildlife increased in a high density population area it should increase in a low density population area. Councillor Daniels asked if the high demand was for people wanting to live there or for resale. Mr. Percival stated that the majority of people that had inquired were interested in a place to live. The Reeve called for those wishing to speak against the development. Melody Feser stated that school children go to the Lake Newell area to learn about ecology. There are lots in the existing development that have not been sold. If we, as adults and parents, don't protect places like the Lake Newell area, who will? Ron Varady had concerns with regard to fishing, traffic and the mess on opposite side of lake. Glen Hart, Zone A Commercial Fisherman's Association, expressed concern that more development along the lake shore will result in less area to fish. Fish & Wildlife have told them to stay out of sight of the homeowners. The north end of the lake has already been fenced off. If development continues, commercial fishing will eventually end. Councillor Daniels asked Mr. Hart to explain what he meant in regard to the north end being fenced. He answered that they have been restricted from entering Greenwald Inlet and the areas where walleye have been stocked. Development along the shoreline will restrict access for all fishermen. Elizabeth Redelback agreed with Mr. Hart that the shoreline would be destroyed. Councillor Baksa.said that there was a development on Mrs. Redelback's property with 30 or more homes and they still have birds. Mrs. Redelback stated that they don't bother the birds. Councillor Baksa asked her what makes her think other people would be different. Mrs. Redelback replied that there would be motorboats and water toys on the lake from morning until night. J Mr. Blain asked Mr. Hart how the commercial fishing would be restricted. Mr. Hart replied that the public doesn't want to see the commercial fishermen. Pamela Phillips -Steele stated that it is our responsibility to look after the ones that can't speak for themselves. The grouse have now been added to the endangered species; there are burrowing owls in this area. Ralf Kraft, a resident of Lake Newell, felt that the area in question was the nicest part of the lake and it would be lost to the public. Gail Mulhall agreed with Pamela Phillips -Steele in regard to the destruction of the wildlife and natural land. The area is developing so fast and dense, it is losing its beauty. Councillor Daniels wanted to know how houses can be built without ruining the habitat. Ms. Mulhall stated that these are vacation homes not necessary housing. Councillor Loewen stated that wildlife and people can live in coexistence. Ms. Mulhall replied that this is an altered state of wildlife. We like to think that these things will be alright but they won't. Councillor Baksa stated that in her development the hawks have remained and there are more birds and frogs than before. The animals may move during the development, but they will come back. Len Delorme was concerned about the increase of boats and jets skis due to the development. Elsie Strach stated concern with water quality. Councillor Loewen said that the E.I.D. probably does a better job of water quality control than anyone else in Canada. Bill DesBarres spoke on behalf of Dale Redelback and Karen Rose. He presented a brief history of the stewardship of the land for the proposed development, stating that this lease has been in the Redelback family since 1941 and that Mr. Redelback and Ms. Rose currently hold the lease. He talked about the lack of good faith in the dealings with the E.I.D. and the developer. He said that taking away this lease takes away a lifetime of keeping the land pristine. This land is different from most other grazing leases in the County. When money is involved people tend to lose track of standards, values and who their friends are. The lease expires in 2001. Ms. Rose currently uses the land for her business, part of which is rescuing mistreated horses. If the development goes through, she will be put out of business. Councillor Baksa asked Mr. Webber to respond to some of the issues brought up by Mr. DesBarres. Mr. Webber stated that it would not be appropriate to bring this issue across the table as we are only here to deal with the proposed land use change. Councillor Daniels asked Mr. DesBarres if fishermen have access to the lake front from this lease. He replied that there is no unattended or unscheduled access from this property but the beaches can be reached by boat. Councillor Daniels wanted to know how this land is different from other land. Mr. DesBarres replied that there are only natural grasses, it is not overgrazed, not fertilized and it is allowed to recover beyond normal standards. The land, grass and natural growth is in better shape. Councillor Harbinson wanted to know if there is walk in access for people to Varney Bay. Mr. DesBarres indicated that there is not. Dale Redelback stated that until 1991 there was a Texas gate that allowed people access and they would go in and set up camp. In 1991, when the current lease agreement was signed, the Texas gate was closed. He stated that he was once a commercial fisherman and people on the lake would boat right through their nets. He currently works for an oil company and it is his duty to check for wildlife and teepee rings prior to the company starting new projects. He was curious to know when the wildlife study was done because they didn't give permission to enter, nor did they see anyone on, the land. He stated that there are teepee rings on the land and that these had been verified by Mr. Wolflegs and asked if anyone had checked for them. He asked for the development to be halted at least until a proper impact study could be ' completed. Councillor Steinbach asked if Mr. Wolflegs had documented this find. Mr. Redelback stated that he had. He reiterated that if it is going to be done, do it right. Mr. Webber stated that teepee rings are common in this area. When digging a reservoir in the area they found a number of teepee rings. They excavated three of them and then ignored the rest. Councillor Steinbach asked if they had excavating this area. Mr. Webber replied that they hadn't. The County Administrator stated that we had received letters of objection from: Ben & Alice Klaudt, Melody Feser, Rolf Traichel, Elizabeth Redelback, Dale Redelback & Karen Rose, Lavern & Joyce Rose, Martha Andrews and Helga & Daniel Ledene. The Reeve then gave the developer the opportunity for rebuttal. Mr. Welling stated that the development would actually enhance access to some beaches and shoreline not presently accessible. These areas are slated for walkways, trails and interpretive programs. The development would occur so it would not cause major ecological problems. This lake is a pristine lake and development would make it available to as many people as possible. He admitted that they had not given much thought to the Commercial Fishermen. There being no further discussion, it was moved by Councillor Baksa that the Public Hearing adjourn at 3:15 p.m. Carried. REEV� �� -� -11? COUNTY ADMINISTRATOR