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HomeMy WebLinkAbout1999-07-08 Council (Regular) Minutes~ ._ County of Newell No. 4 Minutes of Council Meeting July 8, 1999 The regular Council Meeting of the County of Newell No. 4 was held in the County Ol~ice at Brooks, AB on Thursday, July 8, 1999 commencing at 10:00 a.m. r--- Members Present Reeve W. Daniels Councillors V. Fabian N. Berg J. Flarbinson R. Steinbach M. Loewen M. Douglass C. Baksa Administrator M. Bowen Recording Secretary P. Hoffman 1. Excused from Meeting Moved by Councillor Harbinson that Councillor Stobbs be excused from this meeting. Carried. 2. Minutes 1) Council Minutes -June 24, 1999 ~. "~ Minutes of the June 24, 1999 meeting were presented. Moved by Councillor Fabian that we adopt these minutes as circulated. Carried. 2) Assessment Review Board -June 30, 1999 Minutes of the June 30, 1999 Assessment Review Board were presented. Moved by Councillor Loewen that we adopt this minutes as circulated. Carried. 3. Call for Post Agenda Items ~- The Reeve called for post agenda items. July 8, 1999 Page 131 4 5 v~ 6. Adoption of A eg nda Moved by Councillor Harbinson that we adopt the agenda as amended. Carried. Business from Minutes 10-MPC-7 Street Signs for Hamlets and Subdivisions There was no further information on this item. 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. I 1 Bylaw 1269-98 -Land Use Amendment Add Agricultural Intensive Land Use District This item was not lifted from the table. 12 Bylaw 1271-99 -Area Structure Plan Portion of Section 12-18- I S-W4 This item was not lifted from the table. Correspondence 1. Alberta Environment - $4.00 Advance Disposal Surcharge on Tires A letter from the Alberta Environment, in response to our letter on the $4.00 surcharge on tires, was presented to Council. Moved by Councillor Berg that we send a letter to Sid Hinton, the A.A.M.D.&C. representative on the Board of Directors of the Tire Recycling Management Association, expressing our views and concerns. Carried. ~' July 8, 1999 Page 132 2. Canadian Pacific Railway -Land Comprising The Bassano/Empress Abandoned Rail Line A letter from Canadian Pacific Railway, responding to our letter with regard to the purchase of a portion of Bassano/Empress Abandoned Rail Line, was presented to Council. Moved by M. Loewen that a letter be sent to the Committee for the Bassano/Empress Rail Line informing them of the current situation and ask them to supply the County with alternatives, keeping in mind the conditions Council has set out. Carried. 3. Town of Brooks -Brooks Airport A letter from the Town of Brooks, with regard to selling leased lots at the Brooks Airport, was presented to Council. Moved by Councillor Harbinson that a letter be sent to the Town of Brooks informing them we have no objection to the sale of hangar lots at the airport and that it be noted that any further development be at the approval of the County of Newell as well as the provincial and federal governments where applicable. Carried. 4. Alberta Liberal Caucus -Education Property Tax Survey r-- A letter from the Alberta Liberal Caucus, with regard to an Education Property ~'ax Survey, was presented to Council. This survey will be completed individually. Y 7. Other Business Bylaw 1290-99 -Closing & Leasing of Road Allowance Pt of Road Allowance N of NE & NW 35-18-14-W4 Moved by Councillor Baksa that Bylaw 1290-99, being a bylaw for the purpose of closing to public travel and leasing a portion of public highway in a Pt of Road Allowance N of NE & NW 35-18-14-W4, receive first reading. Carried. ,.- July 8, 1999 Page 133 2. Bylaw 1291-99 Closing & Sale of Road Allowance Pts of Plan 3211 BX, Plan 3130 EX & Pt of Road Allowance Lying between Townships 21 & 22 Section 12 W of the 4'h Moved by Councillor Berg that Bylaw 1291-99, being a bylaw for the purpose of closing to public travel and sale of Pts of Plan 3211 BX, Plan 3130 EX & Pt of Road Allowance lying between Townships 21 & 22 Section 12 W of the 4''', receive first reading. Carried. 3. Torchinsky En ing Bering -Revised Estimate -Young Road The Administrator presented the Young Road revised estimate from Torchinsky Engineering. Moved by Councillor Harbinson that we proceed to tender for the Young Road as per the recommendation of Torchinsky Engineering, with the intersection being a deletable item; that we apply to Alberta Transportation & Utilities for additional funding and that any extra costs to the County come from the Contingency Reserve to be replaced with 1999 Roadwork surplus if possible. Carried. 8. Post Agenda Items 1. Tender for County Land Appraisal The County received 1 tender for an Appraisal of County Property within the Town of Brooks. Moved by Councillor Baksa that we accept the tender of Tru Appraisals Ltd. for the County Land Appraisal. Carried. 2. Resignation of Division 8 Councillor Moved by Councillor Fabian that we accept, with regret, the resignation of Division 8 Councillor Bernie Scheuerman. Carried. Moved by Councillor Douglass that we hire Ella Endersby as returning officer for the By-Election for Division 8. Carried. Moved by Councillor Baksa that we appoint Councillor Loewen as Director of Disaster Services. Carried. July 8, 1999 Page 134 .~ Moved by Councillor Loewen that Councillor Baksa be appointed as alternate for the Newell Regional Solid Waste Management Authority Ltd. Carried. 3. Rosemary CPR -E.I.D. -Janzen A request from the E.I.D. to be allowed to sell the CPR right of way in the NE of 23- 24-15-W4contaming .81 acres and in the SW of 13-24-15-W4 containing .08 acres to A. Janzen was presented to Council. Moved by Councillor Loewen that, providing both property owners provide us with a copy of a signed agreement to this effect and the CPR land is consolidated with the Janzen title, the County would have no objection to this sale. Carried. 9. Cheques for Payment /Direct Debit Re ig ster Moved by Councillor Berg that Cheques #4529 - #4578, #4580 - #4641 & #4643 - #4726 in the amount of $779,204.21 and Direct Debit Register Batches #4409& #4426 in the amount of $5,245.79 be approved for payment. Carried. 10. Committee Reports Municipal Planning Commission 1. 99 NL 18 -Residential Subdivision -Division 8 Barg, Fred - Pt 4-20-14-W4 & Plan 8011572, Block 1 Moved by Councillor Baksa that we approve this subdivision with the northerly proposed boundary extended to the east subject to the payment of money in-place-of municipal reserve being 10% of the existing market value of the land to be determined at the time a subdivision mylar is provided to the County for endorsement; 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 proposed parcel being consolidated with Plan 8011572, Block 1 by plan of subdivision; subject to the County waiving the requirement under Section 49.6(1) for the 4.0 ha (10 acre) maximum parcel size to accommodate the size of the consolidated parcel; subject to all outstanding municipal taxes being paid in full prior to endorsement of the subdivision mylar; and subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. ,~^ July 8, 1999 Page 135 2. 99 NL 19 -Industrial Subdivision -Division 10 Cavalier Transport Ltd. -Plan 9910470 Block 1 Moved by Councillor Baksa that we approve this subdivision subject to the developer entering into a development agreement for the construction and maintenance of the proposed service road as well as other provisions as provided under the Municipal Government Act; subject to one of the proposed lots being developed, at the applicant's expense, as a public utility lot to provide adequate fire flows for emergency services vehicles if deemed necessary; 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 easements for franchise utilities to provide services to the proposed lots as required. Carried. InterMunicipal Planning Commission Councillor Baksa gave this report. Assessment Review Board Reeve Daniels gave this report. Development Appeal Board Reeve Daniels gave this report. 11. In Camera Moved by Councillor Harbinson that we move in camera. Carried. Moved by Councillor Douglass that we move out of camera. Carried. Lunch Council recessed for lunch from 12:00 noon to l :40 p.m. July 8, 1999 Page 136 ,,~ 12. Public Hearin 1. Greenwald Inlet Area Structure Plan Pt of 6 & 7-18-14-W4 Moved by Councillor Douglass that we recess for the Public Hearing at 2:00 p.m. Carried. The meeting reconvened at 3:10 p.m. The Reeve stated that a number of letters had been received, both for and against, the area structure plan that should have been introduced at the Public Hearing. The Administrator stated that Council had copies of letters from the following people and these letters would be considered in their decision: Lake Newell Resort Owner's Condominium Association, Lake Newell Resort Residents, Concerned Residents of Jager Developments, Carl Anderson (July 22, 1998), Elizabeth Redelback, Janet Mapes, Dale Redelback, Town of Brooks Fire Chief and Town of Brooks Planner. 13. Bylaw #1289-99 (2^d and 3~d Readings? The Public Hearing dealt with Bylaw # l 289-99, being a bylaw to adopt Area Structure r"' Plan for portions of Sections 6 & 7-18-14-W4, known as Greenwald Inlet Area Structure Plan. Moved by Councillor Berg that Bylaw 1289-99, being a bylaw to adopt the Greenwald Inlet Area Structure Plan, receive second reading. Moved by Councillor Fabian that we table the motion for second reading of Bylaw 1289-99. Carried. .... Administration was directed to get an explanation, in layman's terms, with regard to the technology for under water piping of sewage and examples of where it is currently in place. 14. Question Period/Notice of Motion The Administrator asked to present a letter of resignation from Municipal Planning Commission member Bob Bergen as an additional Post Agenda Item. The Reeve asked if there were any objections to this request; there were no objections. Moved by Councillor Harbinson that we accept, with regret, the resignation of Bob Bergen. Carried. ~, .... July 8, 1999 Page 137 Moved by Councillor Berg that we advertise for a new Municipal Planning _~ Commission Member at Large. Carried. _ 1 S. Information Items There were no information items. 16. Adjourn Moved by Councillor Loewen that the meeting adjourn at 3:25 p.m. Carried. ~~~ REEVE ///~..~., ~1.~ COUNTY ADMINISTRATOR July 8, 1999 Page 138 County of Newell No. 4 Minutes of Public Hearing July 8, 1999 A Public Hearing of the County of Newel I No. 4 was held in the County Office at Brooks, AB on Thursday, July 8, 1999 commencing at 2:00 p.m.. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg J. Harbinson R. Steinbach M. Loewen M. Douglass C. Baksa Administrator M. Bowen Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 2:03 p.m. r There were approximately 52 members of the public in attendance. The Public Hearing dealt with Bylaw #1289-99, being a bylaw to adopt Area Structure Plan for portions of Sections 6 & 7-18-14-W4, known as Greenwald Inlet Area Structure Plan. The Reeve introduced Council and advised those present of the procedure that would be followed for the hearing. .... The Planner explained the purpose of this Public Hearing. The Reeve asked for comments from the developer. Rod Potrie, of Planning Protocol Inc., spoke on behalf of H. Jager Developments. He presented information in support of the Greenwald Inlet East Area Structure Plan. The Reeve then asked if anyone else wished to speak in favour of the development. Harvey Jager, representing the Lake Newell Utility Corporation, spoke in favour of the development. He stated that the area is not a pristine, natural eco-system it is a man-made environment. He felt that potable water was not an issue as the new methods of water ~~° treatment would be used to purify the water. Earl Wilson, representing the Eastern Irrigation District, spoke in favour of the development. He was offended at the comments he had been hearing with regard to the lake being polluted. Alberta Environment has been monitoring the lake water for a number of years and the water was better in 1998 than it was in 1991. He also stated that the water quality of Lake Newell is significantly better than most lakes in Alberta. The Reeve asked Council if they had any questions for any of the speakers in favour of the development. Reeve Daniels asked Mr. Jager if he knew the number of people that use untreated water from the lake. Mr. Jager was unable to answer that question. The Reeve called for those wishing to speak against the development. Pam Steele, resident, presented pictures to Council and spoke against the development. She was concerned with the danger to the fresh water supply and ground seepage. Sharon Strand-Turuk, photographer, presented pictures to Council and spoke against the development. She was concerned with the loss of natural plants and grasses as well as loss of birds and animals, both permanent and migratory. Pam Gordon, resident, spoke against the development. She was concerned that there was already too much congestion around the lake and that birds that should be there have disappeared. She felt that it does not take much to kill a stream, river or lake. Councilor Loewen stated that Lake Newell is, in fact, an irrigation reservoir, not a lake and that 70% of the water is changed each year. Councillor Baksa asked Ms. Gordon where she lived. She replied that she lived at the lake. Karen Rose asked for clarification on the time limit for speaking and chose to speak later in the meeting. Doris Davis, resident, spoke against the development. She was concerned with the loss of wildlife and the pollution of the raw water that they and their neighbours drink. Reeve Daniels explained, to those present, that the land use change has already been approved and that residential development will be happening in this area. It was just a matter of how it will happen. Lou Anne Asplund spoke against the development. Slie stated that she was opposed to the piping of sewage under the lake. Karen Rose, resident, presented handouts to Council and spoke against the development. She was concerned with the pollution of the reservoir from the use of herbicides and pesticides. She felt that the reservoir was very busy and expressed concern with regard to overtaxing the reservoir. She presented a letter from Carl Anderson that was written July 22, 1998. Reeve Daniels asked Ms. Rose how she would like to see the area structure plan change to protect the water. She stated that herbicides and pesticides used in the area be limited to organic types. /" Gail Mulhall presented pictures and spoke against the development. She presented information based on a preliminary review, performed by Pickering Consultants, of the area structure plan. Points raised were the impact of motor boat disturbance, the need to regulate private shoreline docking, the need for buffer zones and the effect of cats and dogs on the wildlife. Reeve Daniels asked Ms. Mulhall how slie would change the area structure plan. She felt the use of herbicides and pesticides should be addressed. ,~ Heather Sm ith, resident, s oke a ainst the develo ment. She had concerns with re and to how P g p g a sewage leak under the lake would be detected before it could pollute the lake. She felt that the sewage line under the water should be changed if at all possible. The Reeve then gave the developer the opportunity for rebuttal. Deep Shergill, President of H. Jager Developments Inc., presented the rebuttal. He explained that the sewage line would be several metres under the lake bed not lying on the bottom of the lake. The sewage would be contained in a pipe within a pipe and would be pressurized so a drop in pressure would be immediately detected. The sewage lagoon is located far from the lake shore and no private septic tanks are allowed so tl~e chance of seepage is slim to non- existent. ~^ He stated that this is a man-made lake with recreational use and controlled development allowed. This proposed development consists of/z acre lots so is far less dense than it could be. The use of herbicides and pesticides could be addressed by caveat restricting the use of certain pesticides. The developers have set aside 160 acres for the lagoon and irrigation of effluence which should service up to 1200 homes. If more land is needed, the E.I.D. has another 160 acres for them to use. The Reeve wanted to know if there were any further questions. Councillor Fabian expressed concern with the piping of sewage under the lake and felt that the sewage should be piped around the bay. Councillor Harbinson asked how far the lagoon was from the residences. It is approximately 1.5 miles away. Reeve Daniels asked about a proposal for putting the sewage line under the lake. Mr. Shergill stated that they are checking into costs for going around the lake but so far it seems to be cost prohibitive. Councillor Fabian stated that he would be glad for a contingency plan. Mr. Shergill stated that the technology is there to safely put the sewage line under the lake. It is not a unique concept; this type of line crisscrosses the Bow River in Calgary. Councillor Berg asked the distance that the sewage line would have to go to cross under the lake. Mr. Shergill replied that it was under''/4 mile. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 3: I 0 p.m. Carried. ' REEVE ~+ ~~.~~~- COUNTY ADMINISTRATOR