HomeMy WebLinkAbout1999-10-07 Council (Regular) MinutesCounty of Newell No. 4
Minutes of Council Meeting
October 7, 1999
The regular Council Meeting of the County of Newell No. 4 was held in the County
Office at Brooks, AB on Thursday, October 7, 1999 commencing at 10:00 a.m.
Members Present Reeve W. Daniels
Councillors V. Fabian
N. Berg
E. Stobbs
R. Steinbach
M. Loewen
A. Eckert
M. Douglass
C. Baksa
Administrator M. Bowen
Recording Secretary P. Hoffman
l . Excused from Meeting
~~ Moved by Councillor Douglass that Councillor Harbinson be excused from this meeting.
Carried.
2. Minutes
~%.y, _ 1) Council Minutes - September 23, 1999
/~'~ 1 Minutes of the September 23, 1999 meeting were presented. Moved by Councillor Fabian
that we adopt the minutes as circulated. Carried.
3. Call for Post Agenda Items
The Reeve called for post agenda items.
4. Adoption of A egL nda
Moved by Councillor Stobbs that we adopt the agenda as amended. Carried.
October 7, 1999 Page 188
Committee Reports
MPC
Councillor Baksa gave this report.
l . Land Use Bylaw Amendments
Councillor Baksa informed Council that the MPC would like to finalize the amendments
to the Land Use Bylaw at their next meeting to present their recommendations to Council
at the November 10`'' Council meeting.
99 NL 22 - Pt. SE 8-19-14-W4 -Division 10
Butch Martin Farming Inc -Residential Subdivision
Moved by Councillor Baksa that we approve Subdivision Application 99 NL 22 subject
to Section 45(11) of Land Use Bylaw #1004-90 and Policy 2.6.3 of the Municipal
Development Plan being waived to allow a relaxation of the Minimum Separation
Distance; subject to the registration of a caveat for the dedication of 5 metres along the
~'~ , ~JJ~~~ southerly boundary of the proposed and remnant parcels for future road widening to be
~ ` purchased at a rate that is consistent with County Policy at that time; subject to the
applicant entering into a development agreement for the development of a road to access
the subdivided property; subject to the County requiring that the municipal reserve being
deferred as determined under Section 50.6(2) of the Land Use Bylaw; subject to the
applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements; and subject to the applicant entering into
franchise utility easements for the provision of services to the proposed parcel as required.
Carried.
3. 99 NL 023 - Pt. SW 10-19-14-W4 -Division 4
Johnson, Neil -Residential Subdivision
Moved by Councillor Baksa that we approve Subdivision Application 99 NL 023 subject
to the applicant entering into a development agreement for the construction of the
roadway and services to the individual lots as well as any other matter deemed necessary
to be included in that agreement; subject to the applicant providing municipal reserve in
an amount to be determined when a plan of subdivision is returned for endorsement;
subject to the applicant providing a temporary turn-around at the terminus ofthe proposed
road, at a radius suitable to accommodate emergency or road maintenance vehicles;
subject to the applicant satisfying the concerns for non-potable water supply to other lots
within the existing subdivision prior to endorsement of the subdivision mylar; subject to
the applicant providing a report from a licensed professional certifying what type of
sewage system should be utilized when these lots are developed; subject to the applicant
October 7, 1999 Page 189
~~ meeting all requirements of the Eastern Irrigation District with respect to the conveyance
of water as well as easements; subject to the applicant entering into easements for
franchise utilities to provide services to the individual lots as necessary; and subject to the
applicant preparing an Area Structure Plan covering the SE 10-19-14-W4 prior to the
subdivision of additional lots should they be requested; and subject to a waiver of Section
51.3 of the Land Use Bylaw to allow %z acre size parcels. Carried.
4. 99 NL 024 - Pt. NW 7-20-13-W4 -Division 3
Rowe Leonard & Patricia -Farmstead Separation
Moved by Councillor Baksa that we approve Subdivision Application 99 NL 024 subject
to the applicant entering into an agreement with the County of Newell for the installation
of any required accesses for the proposed and remnant parcels; subject to the applicant
meeting all requirements of the Eastern Irrigation District with respect to the conveyance
of water as well as easements: subject to the County waiving the requirement under
Section 31 of the Land Use Bylaw for the requirement of one dwelling unit per parcel to
permit the two residences to continue on the proposed parcel; subject to the applicant
providing easements to franchise utilities for the servicing to the proposed and remnant
parcels; and subject to the carrying forward of any oil and gas company right-of--ways,
surface lease agreements, access agreements, etc.
Moved by Councillor Loewen that this motion be amended by deleting the waiver
-. allowing two residences on the parcel and adding that it be conditional on the applicant
`J l ~ entering into an agreement to remove the second house within a two year period. Vote
~' ~~ on amendment. Carried. Vote on amended motion. Carried.
5. 99 NL 025 -Plan 8010399, Block 1, Lot 3 -Division 2
Dennis R_y -Residential Subdivision __
Moved by Councillor Baksa that Subdivision Application 99 NL 025 be denied. Moved
by Councillor Douglass that we table this motion. Carried.
6. 99 NL 026 - Pt. NW 15-15-15-W4 -Division 4
Axelson David - A_g~ricultural Subdivision
Moved by Councillor Baksa that we approve Subdivision Application 99 NL 026 subject
to the registration of a caveat for the dedication of 5 metres along the westerly boundary
of the proposed and remnant parcels for future road widening to be purchased at a rate
that is consistent with County Policy at that time; subject to the applicant meeting all
requirements of the Eastern Irrigation District with respect to the conveyance of water as
well as easements; subject to the applicant consolidating the proposed parcel to be created
by this subdivision with the NE 15-15-15-W4; subject to the registration of a caveat on
'`' the E '/2 of NW 15-15-15-24 requiring the notification of the County of Newell prior to
October 7, 1999 Page 190
any title separation application and subject to the applicant ensuring that the PanCanadian
pipeline rights-of--way remain on the title when the consolidation is registered at Land
Titles.
Moved by Councillor Douglass that this motion be amended to add that the applicant
dedicate, by way of caveat, a 66 foot strip of property adjacent to the north or south
boundary from the east boundary to the west boundary to allow for the construction of a
road to the new parcel should it be required in the future. Moved by Councillor Baksa
that we table this motion. Carried.
7. Alberta Development Officers' Association 1999 Conference
November 7 - 10 1999 - Kananaskis
Councillor Baksa informed Council that our Planner would be attending the upcoming
Alberta Development Officers' Association 1999 Conference. Moved by Councillor
Baksa that , if a course, conference, etc. has been budgeted for, it does not need to be
brought to the table for approval providing the individual involved confirms attendance
with the Administrator. Carried.
8. Farmstead Separations
This item was referred to a work session for discussion.
6. Business from Minutes
9-MUN-1 Scott & Leza Sewell -Closure and Sale of Road
Within S % of 23-20-13-W4 -Road Plan 3233 BM
This item was not lifted from the table.
1 1 By-law 1269-98 -Land Use Amendment
Add Agricultural Intensive Land Use District
This item was not lifted from the table.
12 By-law 1271-99 -Area Structure Plan Portion of Section 12 18 15 W4
This item was not lifted from the table.
October 7, 1999 Page 191
7-4 Dog_Control BY (aw
There was no new information on this item.
1 1 Bassano/Empress Rail Line
This item will be discussed in camera.
7. Correspondence
There were no correspondence items.
Left Meeting
Councillor Steinbach left the Council Chambers at 10:58 a.m.
8. Other Business
1. Civic Numbering for Hamlet of Patricia
Moved by Councillor Berg that we approve the civic numbering proposal for the Hamlet
of Patricia. Carried.
Returned to Meeting
Councillor Steinbach returned to the Council Chambers at 11:01 a.m.
2. Lease Agreement for Emerson Bride Park
Moved by Councillor Douglass that the Lease Agreement for Emerson Bridge Park be
sent to Brian Godwin for review . If his approval is obtained, administration may sign the
Lease Agreement. Carried.
3. Offer to Purchase -Lot 1 Block 1 Plan 8210258 - Rolling Hills
Moved by Councillor Baksa that we approve the sale of Lot 1, Block 1, Plan 8210258 in
Rolling Hills for $1,861 providing they have the rezoning in place prior to the sale.
Carried.
October 7, 1999 Page 192
4. Agenda Items for Meeting with K Division at Fall Conference
Council discussed agenda items for the meeting with K Division. Items suggested were
I .Man year for transfers and court sittings; 2. Policing of secondary highways including
ban patrol; and 3. Permission to enter onto private property.
Left Meeting
Councillor Stobbs left the Council Chambers at 1 1:29 a.m.
5. Organizational Meeting
The Organizational Meeting has been set for October 19, 1999. As an Intensive Livestock
Operations meeting is to be held in Lethbridge on the same day, it was agreed that the
Planner be sent to this meeting. Moved by Councillor Eckert that we send a letter to the
Minister of Agriculture, with a copy to Dr. Lyle Oberg, requesting that an Intensive
Livestock Meeting be held in Brooks. Carried.
,~~ Returned to Meetin
g
Councillor Stobbs returned to the Council Chambers at 11:31 a.m.
9. Delegation -Indoor Soccer Arena -Municipal Public Reserve
Ben Plumer, Patty Faller, Gordon Kay and a number of other residents were in attendance
to present to Council a proposal for an indoor soccer arena in the Village of Duchess and
to request a donation of $150,000 from the Municipal Public Reserve.
Lunch
Council recessed for lunch from 12:07 p.m. to 1:30 p.m.
10. In Camera
Moved by Councillor Stobbs that we move in camera. Carried.
Moved by Councillor Berg that we move out of camera. Carried.
October 7, 1999 Page 193
Empress /Bassano CP Rail Line
Moved by Councillor Eckert that the County facilitate the purchase of the Empress /
Bassano CP Rail Line within the County of Newell subject to all costs being borne by the
individual property owners involved; where possible, all land being consolidated back
into the quarter it was taken from; and that initial funds be taken from the Municipal
Surplus Reserve to be replaced at the time the land is resold. Carried.
Other Business (cont'd)
6. Survey -Intensive Livestock Operations
Council reviewed and completed the survey on Intensive Livestock Operations.
7. Survey -Natural Heritage Act
Council reviewed and completed the survey on the Natural Heritage Act.
`~? ~~., Left Meeting
~ ~'d ;~1j Councillor Stobbs left the Council Chambers at 3:31 p.m.
11. Bylaw 1298-99 -Records Management Bylaw
By-law 1298-99, being a By-law for the Disposition of Records, was presented to
Council. Moved by Councillor Loewen that By-law 1298-99 receive first reading.
Carried.
Moved by Councillor Steinbach that By-law 1298-99 receive second reading. Carried.
Moved by Councillor Douglass that consent of Council be given for third and final
reading of By-law 1298-99. Carried Unanimously.
Moved by Councillor Fabian that By-law 1298-99 receive third reading. Carried.
Returned to Meeting
Council Stobbs returned to the Council Chambers at 3:33 p.m.
October 7, 1999 Page 194
12
13
Jr1
Cheques for Pa ment
Moved by Councillor Steinbach that Cheques #5138 - #5148, #5150 - #5245, #5246,
#5246 , #5247 & #5249 - #5301, in the amount of $725,1 13.50, and Direct Debit Register
Batches #4530 & #4537, in the amount of $8,536.51, be approved for payment. Carried.
Post Agenda Items
1. Prairie Oasis -Liquor Licence Support Request
A letter from Prairie Oasis, requesting support for their liquor licence application, was
presented to Council. Moved by Councillor Stobbs that we support the Prairie Oasis'
application for a liquor licence. Carried.
2. A.A.M.D.&C. -Time Capsule
A request from the A.A.M.D.&C. for items for their time capsule was presented to
Council. It was agreed that the County of Newell would send a snapshot of the
Councillors, a County pin and a letter from the Reeve addressing issues of the day.
3. Delegation -Ben Plumer -Indoor Soccer Arena -Public Reserve
~~
This delegation addressed Council earlier in the meeting.
4. Gravel Prospectin Costs
Moved by Councillor Berg that we approve the costs and proceed with gravel prospecting
as presented by S. Braaten. Carried.
5. Report on 911
Councillor Baksa gave this report.
6. Report on IBP (Lakesidel Public Meeti~
Councillor Eckert gave this report.
October 7, 1999
Page 195
Committee Reports (cont'd)
Municipal
Reeve Daniels gave this report.
1. ~ecial Constable -Budget
Moved by Councillor Loewen that the Special Constable's budget for Vehicle
Maintenance and Repairs -Major be increased by $7,000 for 1999 with funding to come
from the Municipal Surplus Reserve if required for overall County Budget at year end..
Carried.
It was noted that much of this shortfall was the result of the large number of hours
charged to this budget line for the setup of the Special Constable's new vehicle.
2. Bylaw #1299-99 -Speed Limits
Moved by Councillor Berg that Bylaw 1299-99, being a bylaw to set various speed limits
,~ within the County of Newell No. 4, receive first reading. Carried.
`~ ....
Moved by Councillor Loewen that Bylaw 1299-99 receive second reading. Carried.
Moved by Councillor Steinbach that Bylaw 1299-99 receive consent of Council for third
and final reading. Carried Unanimously.
Moved by Councillor Baksa that Bylaw 1299-99 receive third and final reading. Carried.
Delegation -Indoor Soccer Arena -Municipal Public Reserve (cont'd)
Moved by Councillor Berg that Council approve a donation of $150,000 from the
Municipal Public Reserve for the proposed indoor soccer arena in the Village of Duchess
subject to the following:
1. That the Village of Duchess and the County of Newell enter into an agreement
which assures that the land and building will revert back to the Village of
Duchess should the operation of the indoor soccer arena not be viable;
2. Receipt of a letter from the Village of Duchess stating they have no objection
to the County purchasing this land which is located within the Village of
-~ Duchess boundaries;
October 7, 1999 Page 196
3. The title to the land and buildings must be turned over to the County;
4. Public Reserve money can only be used for capital expenditures;
5. The Village of Duchess contributes financially;
6. An agreement between the Village of Duchess and the County of Newell to
ensure this property be exempt from assessment.
Carried.
14. Question Period/Notice of Motion
A question period was held.
15. Information Items
1. Minister of Children's Services - FCSS Funding
16. Adjourn
Moved by Councillor Stobbs that the meeting adjourn at 4:05 p.m. Carried.
October 7, 1999 Page 197