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HomeMy WebLinkAbout2000-05-11 Council (Regular) MinutesCounty of Newell No. 4 '~ Minutes of Council Meeting May 1 1, 2000 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 11, 2000 commencing at 10:00 a.m. Members Present Reeve Counc i I tors Acting Administrator Recording Secretary W. Daniels V. Fabian J. Harbinson R. Steinbach M. Loewen (10:04a.m.) A. Eckert M. Douglass C. Baksa A. Martens P. Hoffman 1. Excused from Meetins Moved by Councillor Harbinson that Councillor Berg be excused from this meeting. Carried. ,~`~ 2. Minutes ~j ~ 1. Council Minutes -April 20, 2000 /~ / ~ , Minutes ofthe April 20, 2000 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carried. Arrived at Meetins Councillor Loewen arrived at the meeting at 10:04 a.m. 3. Call for Post Agenda Items , The Reeve called for post agenda items. 4. Adoption of A eg nda Moved by Councillor Steinbach that we adopt the agenda as amended. Carried. f~ May I I , 2000 Page 66 5. Business from Minutes 7-2 Patricia Doi Bylaw #1319-00 Moved by Councillor Loewen that Bylaw # 1319-00, being a bylaw to establish dog control in the Hamlet of Patricia, receive third and final reading. Rob Verhoef, of the Brooks & District SPCA, was in attendance and asked to address Council. The Reeve asked Council if there were any objections to Mr. Verhoef speaking. There were no objections. Mr. Verhoef suggested rewording a title of one of the sections. Moved by Councillor Baksa that Bylaw #1319-00 be amended by adding "Hamlet of Patricia" under Schedule `A' and that current Clause #13 be renumbered #14 and a new Clause #13 be added that reads "All net costs of enforcement for any area listed in Schedule `A' are to be recovered by an annual levy on all properties that contain residential improvements in that area. The annual levy is to be calculated by dividing the total net expense for that area by the total number of properties containing residential improvements". Vote on amendment. Carried. Moved by Counci I for Fabian that Bylaw # 1319-00 be amended by changing the heading of Section 4 from: "Dogs Running at Large" to "Animal Control Provisions". Vote on amendment. Carried. ' ... ~~ Vote on third reading as amended. Carried. 6. Correspondence 1. M power -Power Deregulation Opportunity for Municipalities This item was referred to the In Camera session. 2. Alberta Children's Services -FCSS Funding A letter from Alberta Children's Services, accepting the County into the FCSS program effective April 1, 2000 and the corresponding Conditional Funding Agreement, was presented to Council. Moved by Councillor Steinbach that we enter into this agreement for FCSS funding. Carried. This item was referred to the June Workshop Session. Pa e 67 °"' May 1 1, 2000 g r 7. Other Business 1. Banking Resolution Moved by Councillor Harbinson that we approve the Banking Resolution whereas the Reeve or Deputy Reeve and the Administrator or Finance Officer be given the authority for the necessary signing of cheques for the various County bank accounts and that the Administrator or Finance Officer have signing authority for the Payroll Account. Carried. 2. Disbursement of Tourism Budget Moved by Councillor Baksa that we allocate $2,500 of the Tourism and Promotion Budget to the Brooks and District Chamber of Commerce to be used only for the Tourism Booth in 2000 and only if the Tourism Booth is operated in 2000. Defeated. 3. Bv-Election Moved by Councillor Fabian that July 17, 2000 be set as the date to hold a by-election to fill the vacant Division 4 Councillor position. Carried. Moved by Councillor Loewen that we appoint Ella Endersby as Returning Officer for the by-election. Carried. ~-- 4. Appointments to Committees (`~ The Reeve called for nominations for a new MPC member. Councillor Baksa nominated G,V}!~ ~ Councillor Loewen. Councillor Harbinson nominated Councillor Douglass. Result of vote - II>> ~~ ~ Councillor Douglass was selected. The Reeve called for nominations for a new Assessment Review Board member. Councillor Steinbach nominated Councillor Loewen. Councillor Douglass nominated Councillor Harbinson. Result of vote -tie. Councillor Harbinson's name was then drawn out of a hat and he was, therefore, selected. Moved by Councillor Baksa that Councillor Douglass be appointed to the MPC and Councillor Harbinson be appointed to the Assessment Review Board. Carried. 5. County of Newell / Villagee of Rosemary Recreation Agreement Moved by Councillor Loewen that we adopt the County of Newell /Village of Rosemary Recreation Agreement as presented. Carried. ,•-- May 1 1, 2000 Page 68 6. Request for Smoke-Free Administration BuildinK 8. 9. Moved by Councillor Harbinson that the County ofNewell Administration Building be designated as a smoke-free workplace. Carried. Cheques for Payment /Direct Debit Re ig steer Moved by Councillor Baksa that Cheques #6205, #6207 - #6217, #6219 - #6316, #6318 - $635 i & $6353 - #6368 in the amount of $749,943.55 and Direct Debit Register Batches #4833 & #4863 in the amount of $6,236.92 be approved for payment. Carried. Treasurer's Report Moved by Councillor Douglass that we approve the Treasurer's Report for April 2000. Carried 0. Post Agenda 1. Roads 1 D' / Councillor Harbinson reported on a ratepayer's concerns that the public is using a road he paid to have built as well as using a portion of his private property as a road. Administration stated that once a road is built on a road allowance it is open to public access but that the public does not have __ the right to travel on his private property. 1 2. Appointment to Education Property Tax Advisory Committee Councillor Loewen reported that she has been appointed to the A.A.M.D.&C.'s Education Property Tax Advisory Committee. Committee Reports Regional Landfill Reeve Daniels gave this report. , Annual Meeting It was suggested that we look at the possibility of holding future Annual Meetings in different areas of the County and possibly in the evening. May 1 1, 2000 Page 69 Municipal /" Councillor Harbinson gave this report. l . Baldry Sugden -Waiver for Pivot Setback SE 16-14-13-W4 -Joe Albers The Superintendent of Public Works, Earl Somerville, was in attendance and reported on this item. Moved by Councillor Harbinson that we deny the request of Joe Albers for a waiver of setback requirements for a new pivot irrigation system in the SE 16-14-13-W4. Carried. Lunch Council recessed for lunch from 1 I:55 a.m. to 12:45 p.m. 12. In Camera Moved by Councillor Harbinson that we move in camera. Carried. Moved by Councillor Baksa that we move out of camera. Carried. ~" .... Committee Resorts (cont'd) M PC County Planner Gord Shaw was in attendance to present information on these items and, along with Councillor Baksa, gave this report. 1. 00 NL 009 - Pt. NW 29-17-16-W4 -Division 4 Ketchmark G Louis -Institutional Subdivision -Cemetery Moved by Councillor Baksa that we approve Subdivision Application 00 NL 009 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the installation of any required accesses for the proposed and remnant parcels. 2. 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. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as wel I as easements. 4. The property being designated as, and used for, a cemetery only. r- 5. All required Provincial approvals being obtained prior to endorsement. May 11, 2000 Page 70 6. The applicant entering into a written agreement with a religious organization, and that written confirmation be provided from them to the County, prior to endorsement. __ Carried. `~ 2. 00 NL 012 - Pt. SW 20-20-13-W4 -Division 3 Hansen, Charlie & WYnona -Farmstead Separation Moved by Councillor Baksa that we approve Subdivision Application 00 NL 012 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the installation of any required accesses for the remnant parcel. 2. 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. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. The applicant providing easements to franchise utilities for providing services to the proposed parcel. 5. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. )9 Moved by Council Eckert that we table this motion. Carried. ~~ y _ 3. Bell, Barbara & Mossa, Jesus -Division 5 Hamlet Residential District to Hamlet Commercial District Moved by Councillor Baksa that consideration be given to first reading of a bylaw to amend the land use district to the area described as Plan Cassils 8709 CH -that portion of is` Street West which lies to the North West and adjoins Blocks `A' & `D' from HR -Hamlet Residential District to HC -Hamlet Commercial District and that the amendment not take effect until a development permit is issued by the municipality and that it revert back to HR -Hamlet Residential District if development is not completed within three years of the date of approval for the land use amendment. Carried. 4. Bylaw # 1320-00 Moved by Councillor Baksa that Bylaw #1320-00, being a bylaw to amend Land Use Bylaw # 1004-90 to change Plan Cassils 8709CH; that Portion of 15t Street West which lies to the North West and adjoins Blocks `A' and `D' from HR -Hamlet Residential District to HC -Hamlet Commercial District, receive first reading. Carried. May 11, ?000 Page 7l t~ 13. Land Use Bylaw Public Hearin Moved by Councillor Douglass that we recess for the Public Hearing at 2:00 p.m. Carried. The meeting reconvened at 2:23 p.m. 14. Bylaw # 1307-00 Moved by Councillor Loewen that Bylaw #1307-00, being a bylaw to adopt the amended and updated Land Use Bylaw, receive second reading. Moved by Councillor Fabian that we table this motion. Carried. 15. Cassils Road Area Structure Plan Amendments - SE 6-19-14-W4 Public Hearin Moved by Councillor Harbinson that we recess for the Public Hearing at 2:33 p.m. Carried. ('~ The meeting reconvened at 3:1 1 p.m. 16. Cecil Blair - SE 6-19-14-W4 -Urban Fringgto Country Residential Public Hearing Moved by Councillor Loewen that we recess for the Public Hearing at 3:12 p.m. Carried. The meeting reconvened at 3:17 p.m. 17. Bylaw # 1317-00 Moved by Councillor Loewen that Bylaw #1317-00, being a bylaw to amend Bylaw # 1036-91, Cassi Is Road Area Structure Plan, receive second reading. Moved by Council for Loewen that this motion be tabled. Defeated. Vote on second reading. Councillor Fabian requested a recorded vote. For Division 6 Councillor Steinbach Division 7 Councillor Loewen Division 8 Councillor Eckert Division 9 Councillor Douglass ~~ May 1 1, 2000 Page 72 Division 10 Councillor Baksa Against Division I Councillor Daniels Division 2 Councillor Fabian Division 5 Councillor Harbinson Carried. Moved by Councillor Douglass that Bylaw #1317-00 receive third and final reading. Moved by Councillor Baksa that we table this motion. Carried. 18. Bylaw # 1318-00 Moved by Councillor Douglass that Bylaw # 1318-00, being a bylaw to amend Land Use Bylaw # 1004-90 to change a Pt. of SE 6-19-14-W4, Pt. Plan 7811334, Block C from OF -Urban Fringe District to CR -Country Residential District receive second reading. Carried. Moved by Councillor Baksa that Bylaw #131$-00 receive third and final reading. Carried. 19. Deleeation -Harry Philipsen -CPR Right-of--Way S'/z 27-20-14-W4 Harry Philipsen, of Bertha Farms Ltd., was in attendance to discuss with Council the decision with regard to the CPR Right-of--Way in the S % 27-ZO-14-W4. This item will be brought back to a future meeting. Committee Reports (cont'd) MPC (cont'd) 5. Sandra Hajash -Grace Trucking - S'/s 2-19-14-W4 Councillor Baksa informed Council that a letter had been sent to Grace Trucking requesting a meeting with our Planner and that we have not received a reply as yet. 6. 00 NL 013 -Plan 7911444, Block 1 -Division 6 Town of Bassano - Replot Airport Lands (Pt. NW 20-21-18-W41 Moved by Councillor Steinbach that we approve Subdivision Application 00 NL 013 in Block 1, Plan 7911444 (Pt. N W 20-21-18-W4) waiving the per lot assessment subdivision fee, waiving the width of the roadway as well as road design within the subdivision plan to accommodate the narrower streets and the lack of proper cul-de-sacs and subject to the following conditions: 1. The applicant providing an easement over Lot 10 for the benefit of Lots 11 and 12. May ] 1, 2000 Page 73 `~ 2. The applicant making application for closure of the roadways within Plan 7911444, Block /" 1 prior to the endorsement of a new plan as the roads must be closed prior to endorsement of the new plan. 3. The applicant meeting alt requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. The applicant providing easements to franchise utilities for providing services to the proposed parcel. Carried. 7. Town of Brooks -Proposed County Land Use Bylaw Councillor Baksa reported on this item. 20. Question Period !Notice of Motion A question period was held. 21. Information Items 1. Newell Mini Bus Report -March 2000 ,~-- 22. A- diourn Moved by Councillor Douglass that the meeting adjourn at 4:27 p.m. Carried. REEV ADMINISTRATOR .-- May l 1, 2000 Page 74 ~~ County of Newell No. 4 Minutes of Public Hearing May 1 i , 2000 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 11, 2000 commencing at 2:00 p.m.. Members Present Reeve W. Daniels Councillors V. Fabian J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Acting Administrator A. Martens Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 2:05 p.m. There were 3 members of the public in attendance. The Public Hearing dealt with Bylaw 1307-00, being a bylaw to adopt the amended and updated Land Use Bylaw. The Reeve advised those present of the procedure that would be followed for the Hearing. The Planner presented information on this bylaw. The Reeve asked Council if they had any questions of the Planner. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition of the bylaw. Rolf Bander, Chairman of Community Development -Town of Brooks, spoke in opposition of the bylaw. His concerns were with regard to the increasing density of development near the Town of Brooks. Mike Marko, Manager, Planning Services -Town of Brooks,. spoke in opposition of the bylaw. He addressed the points outlined in the letter received from the Town of Brooks. The Reeve asked if there was anyone else wishing to speak in opposition of the bylaw. The Reeve asked if Council had any questions of those speaking in opposition of the bylaw. There being no further discussion, it was moved by Councillor Douglass that the Public Hearing adjourn at 2:23 p.m. Carried. Q;~.t G~ REEVE ~~ COUNTY ADMINISTRATOR County of Newell No. 4 Minutes of Public Hearing May 1 1, 2000 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 11, 2000 commencing at 2:30 p.m.. Members Present Reeve W. Daniels Council{ors V. Fabian J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Acting Administrator A. Martens Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 2:35 p.m. There were 11 members of the public in attendance. The Public Hearing dealt with Bylaw # i 3 i 7-00, being a bylaw to amend Bylaw # 1036-91, Cassils Road Area Structure Plan in Pt. of SE 6-19-14-W4. The Reeve advised those present of the procedure that would be followed for the Hearing. ~,~~ .... The Reeve asked for comments from the applicant. Ron Henschel, of UMA Engineering, on behalf of the applicant, Cecil Blair, presented an overview of the proposed amendments to the Cassils Road Area Structure Plan. The Reeve asked Council if they had any questions of the applicant. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition of the Bylaw. .-- r Brian Mokelky, resident in Westland Acres, spoke in opposition of the Bylaw. His concerns were with the rise in the water table new residences would cause thus causing sewage problems and a decrease in property values. Shauna Mokelky, resident in Westland Acres, spoke in opposition of the Bylaw. She stated that a neighbour is already having sewer problems because of the high water table. The Reeve asked if there was anyone else wishing to speak in opposition of the Bylaw. Jim Cyr, resident in Westland Acres, spoke in opposition to the Bylaw. He was concerned with the elevation of the new area as opposed to the existing area. Merle Prentice, resident in Westland Acres, spoke in opposition of the Bylaw. She was concerned with the condition of the existing roads, the traffic and the dust. .... The Acting Administrator read a letter from the Town of Brooks in opposition of the Bylaw. The Reeve asked Council if they had any questions of those speaking in opposition of the Bylaw. The applicant was given the opportunity for rebuttal. Ron Henschel addressed the concerns with regard to the appearance of the septic mounds; the septic problems in the existing subdivision; the elevation of current and proposed lots and the roads. Council was given further opportunity to ask questions of the applicant. There being no further discussion, it was moved by Councillor Eckert that the Public Hearing adjourn at 3:10 p.m. Carried. ~-~.e -~- REEV _~~ COUNTY ADMINISTRATOR County of Newell No. 4 Minutes of Public Hearing May 11, 2000 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 11, 2000 commencing at 3:00 p.m.. Members Present Reeve W. Daniels Councillors ~. Fabian J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Acting Administrator A. Martens Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 3:12 p.m. r'"' There were 11 members of the public in attendance. ~~ The Public Hearing dealt with Bylaw #131$-00, being a by{aw to amend Land Use Bylaw i~/j~ #1004-90 to change a Pt, of SE 6-19-14-W4, Pt. Plan 7811334, Block C from OF -Urban ~~ `` Fringe District to CR -Country Residential District. The Reeve advised those present of the procedure that would be followed for the Hearing. The Reeve asked for comments from the applicant. Ron Henschel, of UMA Engineering, on behalf of the applicant, Cecil Blair, presented information on this land use amendment request. The Reeve asked Council if they had any questions of the applicant. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition of the bylaw. The applicant was given the opportunity for rebuttal. Council was given further opportunity to ask questions of the applicant. There being no further discussion, it was moved by Councillor Douglass that the Public Hearing adjourn at 3:17 p.m. Carried. y~ ~R ~'~' RE ~~ COUNTY ADMINISTRATOR __ , ~-