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Home My WebLink About2001-08-23 Council (Regular) Minutes,_. County of Newell No. 4 Minutes of Council Meeting August 23, 2001 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, August 23, 2001 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg C. Vermeeren J. Harbinson M. Loewen A. Eckert M. Douglass C. Baksa • Administrator A. Martens Recording Secretary P. Garrett 1. Excused from Meeting ~-- All members were in attendance at this meeting. 2. Minutes 1. Council Minutes -July 19, 2001 Minutes of the July 19, 2001 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A eg nda Moved by Councillor Harbinson that we adopt the agenda as amended. Carried. ,~--~ August 23, 2001 Page 129 Business from Minutes 10 Notice of Motion This item was not lifted from the table. 11 ASB a) Soil Erosion in County Rights-of-Wav Proposed Bylaw 1362-01, for the purpose of controlling and managing all unauthorized development, uses or damage of any kind on roads within the County, was presented to Council for their review. This proposed bylaw will be brought back to the next meeting. 11 FCSS d) Administrative Costs The Administrator presented 2000 and 2001 FCSS administrative costs to Council as information. The Planner was in attendance for the following planning related items. 8-2 a) Direct Control District - Pt. SW 25-18-15-W4 -Division 5 Moved by Councillor Baksa that Bylaw 1363-01, being a bylaw to amend Land Use Bylaw #1004- 90 for the purpose of creating a Direct Control District and designating a portion of SW 25-18-15- W4 from OF -Urban Fringe District to DC -Direct Control District receive first reading. Carried. 6. MPC Committee Report 1. Direct Control District - Pt. NW 19-18-14-W4 -Division 5 Moved by Councillor Baksa that Bylaw 1364-0 1, being a bylaw to amend Land Use Bylaw #1004- 90 for the purpose of changing the land use designation of a Pt. of NW 19-18-14-W4 from OF - Urban Fringe District to DC -Direct Control District with the addition of Well Servicing ' Operations as a discretionary use, receive first reading. Carried. 7. Public Hearing -Plan 9612460, Block 2, Lots 1 & 2 (Pt. NW 3-19-14) -Division 10 Dennis Bovd & Warren Grav -Country Residential to Countrv Residential 2 Moved by Councillor Baksa that we recess for the Public Hearing. Carried. Council reconvened at 11:07 a.m. August 23, 2001 Page 130 Bylaw 1358-01 Moved by Councillor Vermeeren that Bylaw 1358-01, being a bylaw to amend Land Use Bylaw 1004-90 to change Plan 9612460, Block 2, Lots 1 & 2 (Pt. NW 3-19-14-W4) from CR -County Residential District to CR2 -Country Residential 2 District, receive second reading. Carried. Moved by Councillor Harbinson that Bylaw 1358-01 receive third and final reading. Carried. MPC Committee Report (cont'd) 2. O1 NL 023 - Pt. SE 19-22-18-W4 & Plan 9211403, Block 1, Lot 1 Karoard Loren -Farmstead Re-Subdivision -Division 6 ,~-- Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission that they deny Subdivision Application O 1 NL 023. Carried. The reason that it was recommended to deny this subdivision was that it would not be the first subdivision out of the quarter and that it would involve subdividing out land that has no residence on it, therefore, it is not a farmstead separation. 3. O1 NL 022 - Pt. NE 12-18-15-W4, Pt. SW 7-18-14-W4 & Pt. NW 6-18-14-W4 Eastern Irrigation District -Residential Subdivision -Division 5 Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application Ol NL 022 for the reconveyance of title for portions of the NE 12-18-15-W4, SW 7-18-14-W4 and NW 6-18-14-W4 subject to the following conditions: 1. The registration of a deferred municipal reserve caveat within the NW 6-18-14-W4. The amount of the municipal reserve required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. The amount of the reserve requirement may be combined with Subdivision Application O1 NL 021. The approximate amount to be considered for the deferred reserve is 1.962 acres based on the information provided by the applicant in the application. 2. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 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 providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. Carried. August 23, 2001 Page 131 4. O1 NL 024 - Pt. SW 32-21-16-W4 -Division 7 Mattheis En 'ngi Bering Ltd. -Farmstead Separation Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application O l NL 024 for a farmstead separation within a portion of SW 32-21-16-W4 subject to the following conditions: 1. The applicant providing a five metre strip of land adjacent to the westerly boundary of the proposed and remnant parcel for the dedication of future road right-of--way in the form of a caveat. 2. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 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 providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. Moved by Councillor Eckert that we postpone voting on this motion until after the In Camera session. Carried. 5. Statutory Planning for Young Road and Cassils Road Moved by Councillor Vermeeren that we direct Administration to request proposals fromplanning and engineering consultants to undertake statutory planning along Young Road and Secondary Highway 542 from Highway 36 to the Town of Brooks within a half mile of either roadway and to present the results of the proposal call at an upcoming Municipal Planning Commission meeting. Statutory planning within these areas shall be undertaken within current budgets and be completed prior to the end of 2001. Carried. 6. Statutory Planning for One Tree Road Moved by Councillor Baksa that we direct Administration to request proposals from planning and engineering consultants to undertake statutory planning along One Tree Road from the TransCanada Highway for 3 miles within a half mile of the roadway at the same time the requests for statutory planning proposals are called for Young Road and Cassils Road. Carried. Councillor Baksa reported that Whaley and Doug Mar had requested a land use change for a portion of NW & SW 22-18-15-W4 and that the Municipal Planning Commission tabled this request until such time as statutory planning for the area is in place. August 23, 2001 Page 132 --- 7. O1 NL 025 - Pt. NE & NW 36-20-15-W4 & Pt. SW & SE 1-21-15-W4 Eastern Irrigation District - A~icultural -Division 8 Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application O 1 NL 025 for an agricultural subdivision within a portion of the N''/z 36-20-15-W4 and a portion of the S''/Z 1-21-15-W4 subject to the following conditions: 1. The applicant, if required by Alberta Transportation, preparing an area structure plan. Alberta Transportation may waive such a requirement under the Subdivision and Development Regulation. 2. The applicant, if required by Alberta Transportation, providing, by caveat, survey or construction of a service road, access to the proposed parcel if the existing access is not deemed to be appropriate from Highway 36. 3. The applicant meeting all the requirements of the Eastern Irrigation District with respect to easements as well as the conveyance of water. 4. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 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. Carried. Hamlet of Rolling Hills Studv ~"'~ The Planner updated Council on the status of the Hamlet of Rolling Hills Study. The Planner left the meeting at this time. 9. Correspondence 1. Village of Duchess -Business Licensing S sy tem A letter from the Village of Duchess, with regard to Business Licences, was presented to Council as information. 2. Village of Duchess -Regional Recreation A letter from the Village of Duchess, regarding regional recreation, was presented to Council as information. 3. Kav & Biggins -Grace Cattle Carriers Inc. Councillor Baksa declared a pecuniary interest in this item and left the Council Chambers. ~,.. .... August 23, 2001 Page 133 A letter from Kay & Riggins, with regard to Grace Cattle Carriers Inc., was presented to Council as information. Councillor Baksa returned to the Council Chambers and resumed participation in the meeting. Lunch Council recessed for lunch from 12:03 p.m. to 1:35 p.m. 10. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Eckert that we move out of camera. Carried. O1 NL 024 - Pt. SW 32-21-16-W4 -Division 7 Mattheis En 'ngi eerin~ Ltd. -Farmstead Separation (cont'd) Vote on following postponed motion: Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application 01 NL 024 for a farmstead separation within a portion ofSW 32-21-16-W4 subject to the following conditions: 1. The applicant providing a five metre strip of land adjacent to the westerly boundary of the proposed and remnant parcel for the dedication of future road right-of--way in the form of a caveat. 2. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 3. All oil and gas company leases, rights-oj=-way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. 4. The applicantprovidingeasementstofranchiseutilitiesforprovidingservicestotheproposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. Defeated. The reason for denying this subdivision is that the reason for the subdivision application does not conform to the purpose for farmstead sepazations. Personnel Moved by Councillor Berg that we approve the personnel recommendations presented by the Administrator. Carried. August 23, 2001 Page 134 r- Correspondence (cont'd) 4. Concerned Citizens -Brief Presented to thenHon. Stan Woloshyn TJR• T~T.+.v Caninrc T n~aP in Rrnnlre 'r ~' ~~ Acopy ofthe brief the HaAd~ a presented to the Hon. Stan Woloshyn, regarding a new Seniors Lodge in Brooks, was presented to Council. This item will be dealt with under Committee Reports. 5. Alberta Environment -Alberts Farms Ltd. Proposed ILO A letter from Alberta Environment, with regard to the proposed ILO of Alberts Farms Ltd. was presented to Council. Moved by Councillor Douglass that we receive this item as information. Carried. 11. Other Business 1. Proposed Lot Sale -Lots 11, 12 & 13, Block 3. Plan 1217 BA -Patricia Moved by Councillor Fabian that we counter the offer to purchase on Lots 11, 12 & 13, Block 3, Plan 1217 BA in Patricia at $3,300. Carved. .~- 2. Meeting with Palliser Health Council agreed to wait until after the Organizational Meeting to meet with the Palliser Health ~ Board. 3. Committee for Council Orientation Moved by Councillor Harbinson that Councillors Vermeeren, Douglass and Loewen form an ad hoc committee to put together an orientation package for new councillors. Carried. 4. 2001 Water Levies Moved by Councillor Vermeeren that the following water and sewer levies be established: Rainier: water only - Residential $370/lot Grasslands $10,220 flat fee Scandia: water - $415/lot sewer - $60/lot Patricia: water & sewer Vacant lots - $1.75 /linear foot Occupied lots - $525/lot Rolling Hills: water $125/lot ~,,,, sewer $125/lot Carried. August 23, 2001 Page 135 5. Regional Services Committee Meeting Date The Regional Services Committee will meet on August 29'", 2001 at 10:00 a.m. 6. Planner Application Review Committee Moved by Councillor Loewen that the Planner Application Review Committee consist of Reeve Daniels, Councillor Baksa and Administrator Martens. Carried. 7. Road Closing Bylaw 1346-01 -Brooks Airport Moved by Councillor Vermeeren that Bylaw 1346-01, being a bylaw to close various road at the Brooks Airport, receive second reading. Carried. Moved by Councillor Harbinson that Bylaw 1346-01 receive third and final reading. Carried. 8. Bvlaw 1360-01 -Common Burdock Designated to Noxious Weed Status Moved by Councillor Loewen that Bylaw 1360-01, being a bylaw to designate Common Burdock as a noxious weed, receive third and final reading. Carried. 9. ICAP Program Moved by Councillor Harbinson that Administration proceed with an application for a sewer line from Lake Newell Resort to the Town of Brooks under the rural municipal green portion of the ICAP Program. Carried. 10. ASB Meeting Date Moved by Councillor Loewen that the September 18`x, 2001 ASB meeting be moved to September 24~', 2001. Carried. 12. Treasurer's Report for June & July Moved by Councillor Fabian that we approve the Treasurer's Reports for June and July 2001. Carried. August 23, 2001 Page 136 ~... 13. Cheques for Payment/Direct Debit Resister Moved by Councillor Loewen that Cheques #8705, #8706, #8708 - #8744, #8746 - #8760, #8834 - #8890, #8940 - #8951 and #8953 - #8995 in the amount of $1,402,166.21 and Direct Debit Register Batches #5581, #5590 & #5618 in the amount of $10,055.99 be approved for payment. Carried. 14. Post Asenda Items 1. Ruth Steinbach -Letter of Resignation The Administrator read a letter from Ruth Steinbach tendering her resignation as Division 6 Councillor. Moved by Councillor Vermeeren that we accept, with regret, the resignation of Division 6 Councillor Ruth Steinbach. Carried. Nominations were held to fill vacancies left by the resignation of Councillor Steinbach. a) MPC Nominations were opened for a member on the Municipal Planning Commission. Councillor Harbinson nominated Councillor Douglass. Councillor Baksa nominated Councillor Loewen. ,r Result of vote -Councillor Douglass was appointed to the MPC. b) Newell Foundation Nominations were opened for a member on the Newell Foundation. Councillor Harbinson nominated Councillor Loewen. There being no other nominations, Councillor Loewen was appointed to the Newell Foundation. c) Ambulance Committee Nominations were opened for a member on the Ambulance Committee. Councillor Vermeeren nominated Councillor Fabian. There being no other nominations, Councillor Fabian was appointed to the Ambulance Committee. 2. Ban Signage on Oiled Road Past Duchess Golf Course Councillor Eckert raised a concern as to why the road ban signs had not yet been erected on the oiled road past the Duchess Golf Course. He was informed that they were being erected today. August 23, 2001 Page 137 15. Committee Reports Municipal No report. A.S.B. No report. Newell Foundation Councillor Berg gave this report. The letter from Concerned Citizens was discussed at this time. Moved by Councillor Vermeeren that we support, in principle, the brief of the i~andi~~ c,.....~c.n.vt~ Eeee that was presented to the Hon. Stan Woloshyn. Carried. Salary Ne og tiatin~2 Committee No report. Assessment Review Board No report. Airport Commission No report. Disaster Services No report. MuniciQal Library Board No report. Foothills Little Bow Association No report. August 23, 2001 Page 138 ,,~- MuniciQal Budget Committee No report. r- Municipal Planning Commission This report was given earlier in the meeting. Inter-municipal Planning Commission Councillor Baksa gave this report. Subdivision & Development Appeal Board Reeve Daniels gave this report. Brooks & District Ambulance Association Councillor Harbinson gave this report. Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. Urban Fringe Committee No report. Community Impact Study Committee No report. ' Road Ban Committee Councillor Harbinson gave this report. Municipal Development Plan Committee No report. August 23, 2001 Page 139 Grievance Committee _. No report. _` 9-1-1 Councillors Baksa and Harbinson gave this report. College Advisory Committee No report. Water Management of South Saskatchewan River Basin No report. Workshop Session a) Consultant for Land Use Bylaw Review Moved by Councillor Vermeeren that we award the Land Use Bylaw Review to EBA Engineering - Consultants Ltd. Carried. _.. b) Bylaw 1361-01 -Procedural Bylaw This bylaw will be brought back to the next meeting. F.C.S.S. Board The Administrator gave this report. Palliser Economic Partnershiu Reeve Daniels gave this report. 16. Question Period /Notice of Motion A question period was held. August 23, 2001 Page 140 17. Information Items 1. Safety Minutes 2. Newell Mini Bus -June 3. Minister of Community Development - 2004 Alberta Summer Games 18. Adj oum Moved by Councillor Loewen that the meeting adjourn at 4:12 p.m. Carried. REEV ADMIlVISTRATOR r- >- August 23, 2001 Page 141 C County of Newell No. 4 Minutes of Public Hearing August 23, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, August 23, 2001 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg C. Vermeeren J. Harbinson M. Loewen A. Eckert M. Douglass C. Baksa Administrator A. Martens Planner G. Shaw Recording Secretary P. Hoffinan The Reeve opened the Public Hearing at 11:00 a.m. Whaley Mar and Doug Mar were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1358-01 being a bylaw to amend Land Use Bylaw 1004-90 to change Plan 9612460, Block 2, Lots 1 & 2 within a portion of the NW 3-19-14- W4Mfrom CR -Country Residential District to CR2 -Country Residential 2 District. The Planner gave background on this application and stated that no objections to this land use change had been received. There being no further discussion, it was moved by Councillor Fabian that the Public Hearing adjourn at 11:07 a.m. Carried. ~~-~~c2yu,e~Go REE COUNTY ADMIl~TISTRATOR