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HomeMy WebLinkAbout2001-12-06 Council (Regular) Minutes~ County of Newell No. 4 Minutes of Council Meeting December 6, 2001 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 6, 2001 commencing at 10:00 a.m. Members Present Excused from Meeting 1 Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Recording Secretary P. Garrett All members were in attendance at this meeting. 2. Minutes 1. Council Minutes -November 8, 2001 Minutes of the November 8, 2001 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as amended. Carried. l 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A eg nda Moved by Councillor Vermeeren that we adopt the agenda as amended. Carried. December 6, 2001 Page 182 Business from Minutes 11 Jerry Martin -Land Use Amendment Application Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Baksa that we refund land use amendment application fees to Jerry Martin". Carried. Moved by Councillor Baksa that this motion be withdrawn. Carried. Moved by Councillor Loewen that the applicant be charged for only one land use amendment application fee. Carried. 6. Correspondence 1. Municipal Library Board -Request for Funding A letter from the Municipal Library Board, requesting funds to offset increased utility costs and software licensing fees for their member libraries, was presented to Council. Moved by Councillor Fabian that, in addition to the annual requisition, we contribute $1,200 per member library to the Municipal Library Board to offset increased utility costs and software licensing fees in 2002. Carried. Reeve Daniels welcomed Ann Harvey, of the Brooks Bulletin, to the meeting. 2. Partners in Tourism - Funding_Request A letter from Partners in Tourism, requesting funds for the Tourist Information Centre, was presented to Council. Moved by Councillor Baksa that we give the Partners in Tourism $2,000 to help pay for a second person for the Tourist Information Centre. Carried. 3. Route 36 Development Safety Association - Januarv 17ei, 2002 Meeting This item was referred to the Municipal Committee Report. ~~ .... - 4. Gordon, Smith & Company -Palliser Economic Partnership Ltd. Memorandum of Agreement and Articles of Association This item will be discussed during the Palliser Economic Partnership Ltd. Report. i _.a December 6, 2001 Page 183 ~ 7. Public Hearings 1. Plan 9511874, Block 1 (Pt. SE 1-19-15-W4) -Division 5 OF -Urban Fringe District to DC -Direct Control District Moved by Councillor Harbinson that we recess for the Public Hearing at 10:30 a.m. Carried. The meeting reconvened at 10:40 a.m. 2. Bylaw 1370-01 Moved by Councillor Baksa that Bylaw 1370-01, being a bylaw to amend Land Use Bylaw #1004-90 to re-zone Plan 9511874, Block 1 (within a portion of SE 1-19-15-W4) from OF - Urban Fringe District to DC -Direct Control District, receive second reading subject to the deletion of "dwelling unit as an accessory use" from the list of discretionary uses. Carried. Moved by Councillor Harbinson that Bylaw 1370-01 receive third and final reading. Carried. ~,,, Correspondence (cont'd) 5. Town of Brooks - 2002 Recreation Funding Request A letter from the Town of Brooks, requesting a funding contribution toward the redevelopment of the recreation centre, was presented to Council. Moved by Councillor Baksa that we postpone discussion on this matter until such time as the Town of Brooks has made a final decision on the proposed redevelopment and that this item be put on the agenda for our next joint municipal meeting. Moved by Councillor Musgrove that we postpone voting on this motion until later in the meeting. Carried. Public Hearings (cont d) 3. Plan 9810148, Block 3 (Pt. N 32-18-15-W4) -Division 5 A -Agricultural District to MHP -Mobile Home Park District Moved by Councillor Baksa that we recess for the Public Hearing at 11:06 a.m. Carved. The meeting reconvened at 11:22 a.m. ,"' December 6, 2001 Page 184 4. Bylaw 1369-01 Moved by Councillor Baksa that Bylaw 1369-01, being a bylaw to amend Land Use Bylaw #1004-90 to re-zone Plan 9810148, Block 3 (within a portion of N 32-18-15-W4) from A - Agricultural District to MHP -Mobile Home Park District, receive second reading subject to re-zoning only that portion of the land that is currently being used as a mobile home park and subject to this area being identified by way of a survey plan. Carried. Moved by Councillor Harbinson that Bylaw 1369-01 receive third and final reading. Carried. 5. Plan 9710617, Block 2 & Plan 9810587, Block 3 (Pt. NE 18-19-14-W4) LI -Light Industrial District to I -Industrial District -Division 10 Moved by Councillor Eckert that we recess for the Public Hearing at 11:37 a.m. Carved. Lunch Council recessed for lunch from 12:11 p.m. to 1:30 p.m. 8. In Camera Moved by Councillor Loewen that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. 9. Post Agenda Items 1. Public Works Equipment Tender Openings The Superintendent of Public Works, E. Somerville and four equipment suppliers were in attendance for the equipment tender openings. The Superintendent of Public Works will circulate a summarization of the tenders to Council at a later date. The Superintendent of Public Works left the meeting at this time. -.. December 6, 2001 Page 18~ /" Correspondence (cont'd) 5. Town of Brooks - 2002 Recreation Funding Request (cont'd) Vote on postponed motion which reads: "Moved by Councillor Baksa that we postpone discussion on this matter until such time as the Town of Brooks has made a final decision on the proposed redevelopment and that this item be put on the agenda for our next joint municipal meeting." Carried. Public HearinQS (cont'd) 6. Bylaw 1368-01 Moved by Councillor Baksa that Bylaw 1368-01, being a bylaw to amend Land Use Bylaw #1004-90 to change Plan 9710617, Block 2 and Plan 9810587, Block 3 (within a portion of NE 18-19-14-W4) from LI -Light Industrial District to I -Industrial District, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1368-01 receive third and final reading. Carried. ~ 10. Committee Reports Municipal Superintendent of Public Works E. Somerville was in attendance for the following 5 items. 1. Route 36 Development Safety Association Moved by Councillor Harbinson that the Reeve or Deputy Reeve be appointed as a representative to the Route 36 Development Safety Association. Carried. A letter from the ~ Route 36 Development Safety Association, regarding the January 17`'', 2002 meeting, was presented to Council as information. 2. Swenson Fence There was no change in Council's position in this matter. .-- December 6, 2001 Page 186 3. Joe Chomistek Moved by Councillor Fabian that we approve the water line agreement with Joe Chomistek _. granting a waiver to allow the depth of the water line to be 1.06 metres below the road allowance and the setback to be 2 metres subject to the applicant relocating the water line, at the applicant's expense, should the County require this line to be relocated to accommodate its roads or works at a future date. Carved. 4. Road South of Brooks N of 20-18-14-W4 Discussion was held on the reasons the County chose to build this road located N of 20-18-14- W4. 5. Eastern Irrigation District Pipeline Moved by Councillor Loewen that we approve a waiver to allow the Eastern Irrigation District to cross a County road with a water pipeline from SE 14-22-17-W4 to NE 11-22-17-W4 at 45 ° rather than 90°. Carried. The Superintendent of Public Works, E. Somerville, left the meeting at this time. Palliser Economic Partnership A letter from Gordon, Smith & Company, regarding the Memorandum of Agreement and the Articles of Association for the Palliser Economic Partnership Ltd. was presented to Council. Moved by Councillor Baksa that we sign the agreements as previously presented. Carried. 11. Other Business ,' ~. 1. 2001 Tax Sale Reserve Bids ~~ Moved by Councillor Fabian that we approve the 2001 Tax Sale Reserve bids as presented. Carried. Left Meetinu Reeve Daniels and Councillor Baksa excused themselves from the meeting at 4:00 p.m. In the absence of the Reeve, Deputy Reeve Harbinson assumed the chair. December 6, 2001 Page 187 Recess Council recessed from 4:00 p.m. to 4:10 p.m. Committee Reports (cont'd) Municipal Planning Commission Planner M. Cui was in attendance for the following Municipal Planning Commission items. Councillor Loewen gave this report. 1. O1 NL 032 - Pt. NW 18-20-12-W4 -Division 3 Deschamps, Bradley & Kelly -Farmstead Separation ~". Moved by Councillor Loewen that we recommend to the Inter-municipal Planning Commission approval of Subdivision Application O1 NL 032 for a farmstead separation in a Portion of the NW 18-20-12-W4 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the upgrading or installation of the road approaches to the proposed and remnant parcels as required. 2. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to be determined when a plan of subdivision is returned for endorsement. The applicant will need to submit the required amount to the County prior to endorsement. If the applicant and County cannot agree on the required amount, the applicant may provide an independent appraisal prior to endorsement. 3. The registration of a caveat for the dedication of a 5-metre strip of land adjacent to the west side 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. ~~,~ 4. 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. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements and entering into a household water agreement with the E.I.D. 6. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant maybe responsible for the costs associated with the installation, removal or modification of services. 7. Approval being received from Alberta Environment of the Subdivision and Development Regulation in regard to the distance from this subdivision to the Patricia sewage lagoon. Carried. December 6, 2001 Page 188 Moved by Councillor Musgrove that we request a waiver from Alberta Environment of the Subdivision and Development Regulation in regard to the distance from this subdivision to the Patricia sewage lagoon. Carved. 2. Ol I~Z. 029 - SW 21-20-14-W4 -Division 8 Trimmer, Robert & Myrna -Farmstead Separation (cont'd) Moved by Councillor Musgrove that we recommend to the Inter-municipal Planning Commission that they deny Subdivision Application O1 NL 029 in the SW 21-20-14-W4 for a Farmstead Separation as it contravenes our land use bylaw due to the 3 houses on this proposed subdivision and the lack of access to the remnant parcel. Carried. O1 IvZ. 033 - Pt. SW 25-18-15-W4 -Division 5 Bandura Marshall & Kathy -Subdivide 6 Acres of Land Zoned Direct Control Moved by Councillor Loewen that we recommend to the Inter-municipal Planning Commission approval of Subdivision Application Ol NL 033 for a subdivision of 6 acres within a portion of Pt. SW 25-18-15-W4 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the installation and; or upgrading of the road approaches to the proposed and remnant parcels as required by Public Works. 2. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to be determined when a plan of subdivision is returned for endorsement. The applicant will need to submit the required amount to the County prior to endorsement. If the applicant and County cannot agree on the required amount, the applicant may provide their own appraisal prior to endorsement. 3. 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. 4. The applicant meeting all requirements of the Eastern Imgation District with respect to the conveyance of water as well as easements. 5. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant maybe responsible for the costs associated with the installation, removal or modification of services. 6. The registration of a caveat for the dedication of a 20 metre strip of land for a service road through the proposed and remnant parcels should one be required at the time of future subdivision. Left IVleetin~ Councillor Eckert excused himself from the remainder of the meeting at 4:35 p.m. Vote on motion. Carried. December 6. 2001 Page 189 4. Bantry Bay Estates Area Structure Plan Moved by Councillor Loewen that Bylaw 1371-01, being a bylaw to adopt the Bantry Bay Estates Area Structure Plan, receive first reading. Moved by Councillor Musgrove that this motion be tabled to allow further investigation with regard to current zoning of this property. Carried. 5. M. & M. Jensen - SW 21-19-14-W4 -Division 10 CR -Country Residential District to MHP -Mobile Home Park District Moved by Councillor Loewen that Bylaw 1372-01, being a bylaw to amend Land Use Bylaw #1004-90 to re-zone a portion of SW 21-19-14-W4 from CR -Country Residential District to MHP -Mobile Home Park District, by way of survey plan for the land currently being used for mobile homes, receive first reading. Left Meeting Councillor Fabian left the meeting at 4:44 p.m. Vote on motion. Carried. Returned to Meeting Councillor Fabian returned to the meeting at 4:46 p.m. 6. Planning Enforcement Administration was directed to proceed with the enforcement of a planning concern in the NE Iq ~ 32-20-15-W4. Left Meetin-~ Councillor Fabian excused himself from the remainder of the meeting at 4:54 p.m. i- December 6, 2001 Page 190 Correspondence (cont'd) 2. W.J. McKillop -Request for Environmental Protection Order Review A letter from W.J. McKillop, requesting an Environmental Protection Order review, was presented to Council. Moved by Councillor Loewen that an Environmental Protection Committee be formed and that this committee consist of all members of Council. Carried. 12. Cheques for Payment Moved by Councillor Vermeeren that Cheques #9557 - #9640, #9642 - # 9653, #9655 - #9750 and #9752 - #9805, in the amount of $2,546,471.21 and Direct Debit Register Batches #5770 and #5795, in the amount of $8,172.07 be approved for payment. Carried. 13. Treasurer's Report- October 2001 Moved by Councillor Moss that we accept the October 2001 Treasurer's Report. Carried. 14. Post A eg nda (cont'd) 2. Rolling Hills Agricultural Society -Support of Liquor Licence for Arena Lounge Moved by Councillor Vermeeren that a letter be sent to the Rolling Hills Agricultural Society stating that we have no objections to them applying for a liquor licence for the arena lounge. Carried. 3. Brooks & District Museum and Historical Society - Request for Support for Grant Application ~, Moved by Councillor Musgrove that a letter of support be drafted for the Brooks & District ~.~ Museum and Historical Socie .Carried. 4. Palliser Health Authority -Meeting with Board Members Members of the Palliser Health Authority Board will be asked to attend our Council meeting on December 20"' or another future Council meeting. Due to the time, the remainder of the Committee reports will be covered at the next Council meeting. December 6, 2001 Page 191 / 15. Question Period /Notice of Motion A question period was held. 16. Information Items 1. Safety Minutes 17. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 5:09 p.m. Carried. u« EVE ADMINISTRATOR r December 6, 2001 Page 192 ~- County of Newell No. 4 Minutes of Public Hearing December 6, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 6, 2001 commencing at 10:30 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Planner M. Cui Recording Secretary P. Garrett ,-- The Reeve opened the Public Hearing at 10:30 a.m. The applicant, Carl Fortin, was in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1370-O1 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning Plan 951187, Block 1 (within a portion of SE 1-19-15- ~~ W4) from OF -Urban Fringe District to DC -Direct Control District. ~ .... The Planner gave background on this application. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for representation from the applicant on this proposal. The applicant, Carl Fortin, presented information on this proposed land use amendment. Council was given the opportunity to ask questions of the applicant. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. There was no one wishing to speak in opposition to the bylaw. The Administrator read a letter from the Town of Brooks requesting that second and third readings be postponed until an area structure plan for the area is completed. The applicant was given the opportunity for rebuttal. The Reeve asked if there were further questions or concerns. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 10:40 a.m. Carried. E ~~~~~ COUNTY ADMIlVISTRATOR _% ~-- County of Newell No. 4 Minutes of Public Hearing December 6, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 6, 2001 commencing at 11:06 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Planner M. Cui Recording Secretary P. Garrett r" The Reeve opened the Public Hearing at 11:06 a.m. Five members of the Public were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1369-01 being a bylaw to amend Land Use Bylaw 1004-90 ~~ ~ for the purpose of re-zoning Plan 9810148, Block 3 (within a portion of N 32-18-15- W4) from A -Agricultural District to MHP -Mobile Home Park District. The Planner gave background on this application. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for representation from the applicant on this proposal. There was no representation from the applicant. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Ross Arnett, adjacent property owner, spoke in opposition to the bylaw. Mr. Arnett indicated that his concerns were: - the number of mobile homes that could be installed if this area is developed; - the neglect seen at the current site since the owners have become absentee landlords; - his liability when residents from the current development climb on his bales; and - resident's dogs harassing his livestock. Darcie Hofinann, land owner, spoke in opposition to the bylaw. Ms. Hofmann indicated the following concerns: - with absentee land owners the site is going down hill; - problems with the current residents; - the water table being only 3 feet deep; - contamination of the water table; - that the Eastern Irrigation District may not be able to supply water to a larger development; and -- - how the current site was being assessed. ._.% Ms. Hofinann indicated that she didn't have a problem with this site being re- II designated as mobile home park if it would only be for the number of mobile homes :~ I` already existing. She also indicated that she felt there were enough trailerparks akeady on the way into Brooks. Council was given the opportunity to question Mr. Arnett and Ms. Hofinann. Mark Foreman, adjacent land owner, spoke in opposition to the bylaw. Mr. Foreman indicated the following concerns: - he was lead to believe the current development was illegal; - one of the trailers is in middle of a road allowance; - trouble with resident's children trespassing on his land; - barriers being put in place; - the site currently not being looked after; - Eastern Irrigation District water not being available for further development; - sewage; - wetness of area not suitable for further development; and - he indicated that he was against further development, especially trailer parks. Council was given the opportunity to question Mr. Foreman. The applicant was not in attendance to give a rebuttal. The Reeve asked if there were further questions or concerns. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 11:22 a.m. Carried. .... ^~ , VE COUNTY ADMINISTRATOR r^ r County of Newell No. 4 Minutes of Public Hearing December 6, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 6, 2001 commencing at 11:39 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Planner M. Cui Recording Secretary P. Garrett r- The Reeve opened the Public Hearing at 11:39 a.m. Six members of the public were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear n ~~ ~ representations on Bylaw 1368-01 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning Plan 9710617, Block 2 and Plan 9810587, Block 3 (within a portion of NE 18-19-14-W4) from LI -Light Industrial District to I -Industrial District. The Planner gave background on this application. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for representation from the applicant on this proposal. r- Orval Shantz, legal council for the applicant, presented information on this proposed land use amendment. He gave background on this land use change indicating that an industrial designation would have uses better suited to being near an intensive livestock operation. He indicated that, as industrial uses were not incompatible with ..~ intensive livestock operations, the MDS does not apply. If MDS did apply, there would be no new development between Lakeside and the Town of Brooks and would limit any new Lakeside development. Council was given the opportunity to ask questions of the applicant. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Ken Lutes, legal counsel for Lakeside Feeders Ltd., circulated a brief to Council and spoke in opposition to the bylaw. Mr. Lutes addressed the following concerns: - Lakeside owns the majority of the adjacent land and operates a 75,000 head feedlot in the near vicinity; - the MDS as set out in the 2000 Code of Practice; - conflicting land use; - MDS between incompatible land uses and existing intensive livestock operations; - compared permitted uses in Light Industrial and Industrial and indicated that it ~,Q was not beneficial to re-zone and expand the permitted uses; and - new development could mean more complaints regarding Lakeside. Council was given the opportunity to question Mr. Lutes. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Marion Wells, adjacent landowner, spoke in opposition to the bylaw. Her concerns were as follows: - increase in traffic, dust and noise pollution; - excessive speed of traffic; - safety concerns with the curve; - the negative effect of smoke and noise on livestock; - concern for the safety to children in the area; - security of her residence; and - outside activities being hampered. 1 '~ Council was given the opportunity to question Ms. Wells. /' The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Fay Altwasser, adjacent landowner, spoke in opposition to the bylaw. Her concerns were as follows: - when they purchased their property, the azea was residential; - quality of life; - aesthetic value down; - increased noise in yazd; - increased traffic -added dust, danger, road deterioration; - safety concern where her land adjoins the Gun Club Road -site vision problem; and - it is not an appropriate location for additional industrial development. Council was given the opportunity to question Ms. Altwasser. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Garnet Altwasser, Lakeside Packers, spoke in opposition to the bylaw. His concerns were as follows: - the encroachment of more people; - the need to avoid more conflict; r- - possible contamination of Lakeside's fresh water supply which is via an open ditch that runs between the two pazcels of land; - it is a major change from Light Industrial to Industrial; and - Lakeside does not want to negatively impact more neighbours. /, ~J Council was given the opportunity to question Mr. Altwasser. Councillor Vermeeren (~.>Fi'' ' questioned him on the location of the ditch. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. There was no one else wishing to speak in opposition to the bylaw. The applicant was given the opportunity for rebuttal. Mr. Shantz indicated that there were purchasers for both lots and that the property is adequate as a well servicing property. He indicated that this use could be accommodated under Light Industrial as a discretionary use but felt it was more suitable under Industrial. He stated that water disposal and the other issues addressed aze matters for the development permit, this hearing is regarding only the re-zoning and whether or not this is a good azea for industrial development. He indicated that this area is not in the path of prevailing ~..,, winds from Lakeside and industrial is the least incompatible use. This azea is not suitable for agriculture. Council was given the opportunity to ask further questions of any of the speakers. The Administrator read a letter from the Town of Brooks indicating that they do not --- obj ect to the land use change but would like to review any development permits for the area. The Reeve asked if there were further questions or concerns. There being no further discussion, it was moved by Councillor Moss that the Public Hearing adjourn at 12:11 p.m. Carried. ~r ~µ ri. REEVE ~~,.._,~ COUNTY ADMIl~TISTRATOR