HomeMy WebLinkAbout2001-05-24 Council (Regular) Minutes~ County of Newell No. 4
Minutes of Council Meeting
May 24, 2001
The regular Council Meeting of the County of Newell No. 4 was held in the County Office at
Brooks, AB on Thursday, May 24, 2001 commencing at 10:00 a.m.
Members Present
Reeve
Councillors
Administrator
Recording Secretary
W. Daniels (10:10 a.m.)
V. Fabian
N. Berg
C. Vermeeren
J. Harbinson
R. Steinbach
M. Loewen (10:05 a.m.)
A. Eckert
M. Douglass
C. Baksa
A. Martens
P. Hoffman
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In the absence of the Reeve, Deputy Reeve Harbinson assumed the chair.
1. Excused from Meeting
No members asked to be excused from this meeting.
2. Minutes
1. Council Minutes -May 10, 2001
Minutes of the May 10, 2001 meeting were presented. Moved by Councillor Douglass that
we adopt the minutes as presented. Carried.
2. Minutes of May 10, 2001 Public Hearing
Minutes of the May 10, 2001 Public Hearing were presented. Moved by Councillor Steinbach
that we adopt the minutes as presented. Carried.
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May 24, 2001 Page 77
Call for Post Agenda Items
The Deputy Reeve called for post agenda items.
Arrived at MeetinE
Councillor Loewen arrived at the meeting at 10:05 a.m.
4. Adoption of A eg nda
Moved by Councillor Fabian that we adopt the agenda as amended. Carried.
5. Delegation -Planner, Gord Shaw
The Planner, Gord Shaw, was in attendance for the following Business from Minutes items.
6. Business from Minutes
15 MPC 1 00 NL 032 - Pt. NW 28-18-14-W4 -Division 5
Timko. George & Mona -Industrial Subdivision
Moved by Councillor Baksa that we recommend to the IMPC approval of Subdivision
Application 00 NL 032 for an industrial subdivision within Pt. NW 28-18-14-W4 subject to
the following conditions:
1. The applicant providing road dedication by way of caveat on the proposed and remnant
parcels in the form of a five metre strip of land adjacent to the westerly boundary.
2. The applicant entering into a development agreement for the construction of the
intersection and portion of the collector road as shown in the area structure plan for the
NW 28-18-14-W4. The subdivision plan will include, as part of the plan, that portion
of the collector road up to the eastern most point of the proposed parcel. The
development agreement being registered on title at the cost of the applicant. A11 costs
associated with the preparation of this agreement shall be the responsibility of the
applicant.
3. The completion and adoption, by the municipality, of the area structure plan for the NW
28-18-14-W4 lying to the south and west of Railway Plan RY 11 prior to endorsement
of the subdivision plan.
4. The registration of a deferred municipal reserve caveat against the remnant parcel. 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.
5. The applicant meeting all requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements.
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May 24, 2001 Page 78
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6. The applicant providing easements to franchise utilities for providing services to the
proposed parcel.
Arrived at Meeting
Reeve Daniels amved at the meeting at 10:10 a.m. and assumed the Chair.
Vote on motion for Subdivision 00 NL 032. Carried.
15 MPC 4 Subdivision O1 NL 018 -Plan 9410922, Block 1, Lot 1 (Pt. NW 21-17-13-W4)
Graveland. Cliff -Residential Subdivision -Division 2
Moved by Councillor Baksa that we recommend to the IMPC that they deny Subdivision
Application O 1 NL 018 for a residential subdivision within Plan 9410922, Block 1, Lot 1 (Pt.
NW 21-17-13-W4) as this application does not conform to our Land Use Bylaw and has the
potential to interfere with the agricultural operations of the area. Carried.
15 IMPC 1 O1 NL 011 - Pt. NE 27-18-14-W4 -Division 5
~ Albert Snvders Holdin~;s Ltd. -Farmstead Separation
Moved by Councillor Vermeeren that, although we are opposed to Subdivision Application
O1 NL 011, should the IMPC choose to approve this application, we would request that the
following conditions be applied:
1. The applicant enter into an easement agreement with the Horticultural Centre to provide
access to the proposed and remnant parcels from the paved roadway within the access
right-of--way plan (Plan 9212053) to the northwest of the subject property. The
agreement is to be registered on the proposed and remnant parcels as well as the
Horticultural Centre's property.
2. The applicant provide an easement along the southerly boundary of the remnant parcel
to ensure access is maintained in the event that the paved road is realigned and access
is not possible from the northwest point of the proposed parcel.
3. The applicant provide road dedication in the form of a five metre strip of land along the
easterly boundary of the remnant parcel by caveat to be registered on the title of the
remnant parcel.
4. The applicant ensures that all irrigation acres within the proposed parcel are removed
from the water roll of the Eastern Irrigation District.
S. The applicant enter into a household purposes agreement with the Eastern Irrigation
District.
6. The applicant provide a registerable easement for the conveyance of water from the
Eastern Irrigation District's works through the remnant parcel to the proposed parcel.
7. The applicant be responsible for all costs associated with the supply of water from the
'^ Eastern Irrigation District's works to the proposed parcel.
May 24, 2001 Page 79
8. The IMPC waive Section 50.6 of County of Newell Land Use Bylaw #1004-90 to allow
the proposed size of 9.25 ha (22.87 acres) to be permitted.
9. The applicant provide municipal reserve in the form of a deferred reserve caveat on the
remnant parcel. The amount of the deferred reserve will be determined at the time of
endorsement of the subdivision plan by the municipality.
10. The applicant ensure that all oil and gas company instruments are carried forward when
the subdivision plan is registered at Land Titles Office.
11. The applicant be responsible for the cost associated with the provision of franchise
services to either the proposed or remnant parcels or the provision of easements for these
services.
Carried.
Moved by Councillor Loewen that a letter be sent to the IMPC informing them that, according
to the MGA, the IMPC does not have the authority to waive any conditions set out in a
statutory plan and as the lot size for a farmstead separation is set out in our Municipal
Development Plan they have no authority to approve this subdivision. Carried.
16 Bylaw 1349-01-Plan 9711815, Block 1 & 2 Within
Pt NW & NE 31-20-14-W4 -Urban Fringe to Countrv Residential 2
Moved by Councillor Harbinson that we lift 3`~ reading of Bylaw 1349-01, being a bylaw to
amend Land Use Bylaw 1004-90 to change Plan 9711815, Block 1 & 2 within portions of the
NW & NE 31-20-14-W4M from OF -Urban Fringe District to CR2 -Country Residential 2
District. Carried. Vote on third reading. Carried. Councillors Berg and Loewen were not at ;
the Public Hearing for this land use change and, therefore, abstained from voting. r
o The Planner left the meeting at this time.
7. Public Hearing -Bylaw 1350-01
Road Closure & Sale - N of 31-13-13-W4 - Gutfriend. Brent & Susan
Moved by Councillor Baksa that we recess for the Public Hearing at 11:00 a.m. Carried.
The meeting reconvened at 11:12 a.m.
The Administrator explained the process that is to be followed in this matter.
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May 24, 2001 Page 80
'`' Moved by Councillor Baksa that, because of the concerns expressed in opposition to this road
closure & sale, we not pass 2"d reading of Bylaw 1350-0 l . Moved by Councillor Loewen that
we table this motion. Carried.
Correspondence
1. A.A.M.D.&C. -Regional Strategies for Integrated Resource Mana e
A letter from the A.A.M.D.&C., with regard to Regional Strategies for Integrated Resource
Management, was presented to Council. Administration will further investigate this matter.
2. A.A.M.D.&C. -Advisory Committee on Aboriginal Issues
A letter from the A.A.M.D.&C., with regard to an Advisory Committee on Aboriginal Issues,
was presented to Council. Moved by Councillor Loewen that we nominate Ruth Steinbach
for this Committee. Carried.
3. A.A.M.D.&C. -Scholarship Program
~ A letter from the A.A.M.D.&C., regarding their Scholarship Program, was presented to
Council. Moved by Councillor Vermeeren that we advertize this scholarship in the Brooks
Bulletin and the Bassano Times. Carried.
4. Young Parkyn, McNab & Co. - 2001 Audit Services Ltd.
A letter from Young, Parkyn, McNab & Co., including a fee estimate for the 2001 audit, was
presented to Council. Moved by Councillor Berg that we accept the Administrator's
recommendation to appoint Young, Parkyn, McNab & Co. as the 2001 Auditor for the County
of Newell. Carried.
5. Hon. Guy Boutilier, Minister of Municipal Affairs -Lake Newell Resort Hamlet Status
A letter from the Hon. Guy Boutilier, Minister of Municipal Affairs, regarding hamlet status
for Lake Newell Resort, was presented to Council as information.
6. Hon. Ed Stelmach Minister of Transportation - Springy Convention Meeting -Follow up
A letter from the Hon. Ed Stelmach, Minister of Transportation, following up on the meeting
at the Spring Convention, was presented to Council as information.
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May 24, 2001 Page 81
7. Newell Regional Solid Waste Management Authority Ltd -Annual Meeting
A letter from the Newel] Regional Solid Waste Management Authority Ltd., informing of their
Annual Meeting, was presented to Council. Concerns on blowing garbage and transfer
stations are to be raised at the Annual Meeting.
8. Newell Regional Solid Waste Management Authority Ltd -Patricia Transfer Station Siting
A letter from the Newell Regional Solid Waste Management Authority Ltd., regarding the
possibility of locating the Patricia Transfer Station Site near the wastewater lagoon on NW 18-
20-12-W4, was presented to Council.
Left Meeting
Councillor Steinbach left the meeting at 11:47 a.m.
Moved by Councillor Baksa that County Council, along with the NRSWMAL, hold a public
meeting in the Patricia area, with regard to potential Patricia Transfer Station Sites, prior to
a decision on site location being made. Carried.
9. Other Business
1. Road Closing Bylaw 1334-00 -E.I.D. - E ofNE 29-16-15-W4
A letter from AMEC, informing that the above-noted road closure has now been approved by
the Minister of Transportation, was presented to Council.
Moved by Councillor Loewen that Bylaw 1334-00, being a bylaw for the purpose of closing
and selling the road allowance E of29-16-15-W4, receive second reading. Carried.
Moved by Councillor Vermeeren that Bylaw 1334-00 receive third and final reading. Carried.
2. Meeting Date - JulY2na Municipal Committee Meeting
Moved by Councillor Harbinson that the July 2na, 2001 Municipal Committee Meeting be
moved to July 3`a, 2001. Carried.
May 24, 2001 Page 82
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3. Specific Items of Discussion for Meeting with Hon. Ed Stelmach and Hon. Lyle OberQ
The following were suggested as topics for discussion at a meeting with the Hon. Ed Stelmach
and the Hon. Lyle Oberg:
Hamlet status for Lake Newell Resort
Location of new TransCanada Highway Overpass
Bow City Bridge Alignment
Intersection/Interchange Improvement at Highway 36 / TransCanada Highway
Pavement of Secondary Highways in Rural Areas Given Lower Traffic Counts
Sub-contracting for Secondary Highway Work
Hon. Shirley McClellan's Report on ILOs
Lunch
Council recessed for lunch from 12:07 p.m. to 1:30 p.m.
Returned to Meeting
Councillor Steinbach returned to the meeting after the lunch recess.
10. In Camera
Moved by Councillor Harbinson that we move in camera. Carried.
Returned to Meeting
Councillor Fabian returned from the lunch recess at 1:34 p.m.
Moved by Councillor Eckert that we move out of camera. Carried.
Moved by Councillor Harbinson that w•e approve the salary recommendations for non-union
staff, as amended. Carried.
1 1. Treasurer's Report - Apri12001
Moved by Councillor Douglass that we approve the Treasurer's Report for April 2001.
Carried.
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May 24, 2001
Page 83
12. Post Agenda Items
1. Returning_Officer -Municipal Elections
Moved by Councillor Vermeeren that, pursuant to Section 12.1of the Local Authorities
Election Act, we appoint Ella Endersby as Returning Officer for the County ofNewell for the
2001 Municipal Election and that she be paid mileage and per diem as per our current rate.
Carried.
2. Advertising_of Fire Permits
A discussion with regard to fire permits and fire bans was held.
3. Newell Mini Bus Purchase
Finance Officer, Garth Lucas, was in attendance for this item and presented information on
tenders for a new Mini Bus. Moved by Councillor Harbinson that we have the Finance Officer
check into prices on a Mini Bus with a diesel motor and that we get information on the number
ofNewell Mini Bus passengers per day for the last six months. Carried.
The Finance Officer left the meeting at this time.
Left Meeting
Councillor Fabian left the meeting at 2:45 p.m.
13. Committee Reports
Municipal
The Administrator reported on funding for the One Tree Road.
Newell Foundation
Councillor Steinbach gave this report.
Salary Negotiating Committee
No report.
May 24, 2001 Page 84
r'' Assessment Review Board
No report.
Airport Commission
No report.
Disaster Services
Councillor Loewen gave this report.
A.S.B.
Agricultural Fieldman, Steve Wylie, was in attendance for the A.S.B. report.
Councillor Loewen gave this report.
1. Soil Erosion - NE 18-15-13-W4 in Division 1
Moved by Councillor Loewen that a bylaw be drafted, under Section 16 of the A.S.B. Act,
allowing us to take control of the property located in the NE 18-15-13-W4 in Division 1.
Moved by Councillor Loewen that we amend this motion to take the appropriate steps
pursuant to Section 13 of the A.S.B. Act to declare this land subject to supervision. Vote on
amendment. Carved. Vote on amended motion. Carried.
2. Drills
Moved by Councillor Harbinson that we purchase the 25' John Deere 455 Double Disc Drill
that Green Power has lent to us, in place of the two 10' John Deere 450 Double Disc Drills that
were previously approved, if the original order can be cancelled with funding for this drill
coming from the A.S.B. Capital Budget. Carried.
The Agricultural Fieldman left the meeting at this time.
Municipal Librarv Board
~' No report.
May 24, 2001 Page 85
Foothills Little Bow Association
No report.
Municipal Budget Committee
No report.
Intermunicipal Subdivision Authoritv
No report.
Subdivision & Development Appeal Board
No report.
Brooks & District Ambulance Association
No report.
Newell Regional Solid Waste Management Authority
Reeve Daniels gave this report.
Urban Fringe Committee
No report.
Communit~Impact Study Committee
Councillor Harbinson gave this report.
Road Ban Committee
Councillor Harbinson gave this report.
May 24, 2001 Page 86
r" ~ Municipal Development Plan Committee
No report.
Grievance Committee
No report.
911
No report.
. College Advisory Committee
No report.
Water Management of South Saskatchewan River Basin
,., No report.
Left Meeting
Councillor Eckert left the meeting at 3:22 p.m.
Workshop Session
1. Progosed Bi11205 -ILO
A copy of proposed Bi11205 was presented to Council as information.
2. IMPC
Left Meetins
Councillor Harbinson left the meeting at 3:24 p.m.
Moved by Councillor Loewen that we withdraw from the IMPC. Councillor Douglass
~'"' requested a recorded vote.
May 24, 2001 Page 87
For Division 1 Reeve Daniels
Division 3 Councillor Berg
Division 4 Councillor Vermeeren
Division 7 Councillor Loewen
Division 10 Councillor Baksa
Against Division 6 Councillor Steinbach
Division 9 Councillor Douglass
Absent Division 2 Councillor Fabian
Division 5 Councillor Harbinson
Division 8 Councillor Eckert
Carved.
Moved by Councillor Baksa that our subdivision approving authority be made up of full
Council with the exception of the SDAB members. Councillor Douglass requested a recorded
vote.
For Division 3 Councillor Berg
Division 4 Councillor Vermeeren
Division 6 Councillor Steinbach
Division 7 Councillor Loewen
Division 10 Councillor Baksa
Against Division 1 Reeve Daniels
Division 9 Councillor Douglass
Absent Division 2 Councillor Fabian
Division 5 Councillor Harbinson
Division 8 Councillor Eckert
Carried.
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3. Regional Services Ad Hoc Committee
Moved by Councillor Vermeeren that we form an Ad Hoc Regional Services Committee
consisting of Councillors Baksa, Loewen and Vermeeren, the Administrator and a member
from the E.I.D. Carried.
4. Council /Workshop /Municipal Committee Meetings
July 20 to August 19 -Rescheduling
Moved by Councillor Loewen that Municipal, Workshop and Council Meetings be cancelled
from July 20`i', 2001 to August 19~', 2001 and that a joint Municipal/Workshop Meeting be
held on August 20~', 2001 and a Council Meeting on August 23'x, 2001. Carried.
May 24, 2001 Page 88
;- 5. Letters for Recreation Boards
The Administrator circulated a draft letter for County Recreation Boards requesting feed back
on the concept of a Regional Recreation Board.
6. MPC Issues at Municipal Committee Meeting
The Administrator reported on why MPC issues were sent to the Municipal Committee
Meeting.
F.C.S.S. Board
Councillor Loewen gave this report.
Palliser Economic Partnership
No report.
14. Question Period /Notice of Motion
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A question period was held.
15. Information Items
1. Safety Minutes
16. Adjourn
Moved by Councillor Steinbach that the meeting adjourn at 3:45 p.m. Carried.
REEVE ~~
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ADMINISTRATOR
May 24, 2001 Page 89
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County of Newell No. 4
Minutes of Public Hearing
May 24, 2001
A Public Hearing of the County of Newell No. 4 was held in the County Office at
Brooks, AB on Thursday, May 24, 2001 commencing at 11:00 a.m.
Members Present Reeve W. Daniels
Councillors V. Fabian
N. Berg
C. Vermeeren
J. Harbinson
R. Steinbach
M. Loewen
A. Eckert
M. Douglass
C. Baksa
Secretary A. Martens
Recording Secretary P. Hoffinan
The Reeve opened the Public Hearing at 11:02 a.m.
Adjacent landowners John and Alice Pettey were in attendance.
The Secretary stated that the purpose of the Public Hearing was to hear representations
nn on Bylaw 1350-01 being a bylaw for the closure and sale of the road allowance N of
rl l 31-13-13-W4.
The Reeve advised those present of the procedure that would be followed for the
Hearing.
The Secretary gave a summary of the proposal.
There was nobody in attendance to speak in favour of the bylaw.
The Reeve asked if there was anyone wishing to speak in opposition to the bylaw.
John Petter, adjacent landowner, spoke in opposition to the bylaw stating that he would
like this road allowance developed for use.
Council was given the opportunity to ask questions of Mr. Petter.
The Reeve asked if there was anyone else wishing to speak in opposition of the bylaw.
The Secretary stated that letters opposing the bylaw were received from the following:
John & Alice Pettey
Reinhold & Charlotte Hirch
Rolf Hirch
Sheila Hirch
Fritz Mantsch
The Reeve asked if there were any further questions or concerns.
There being no further discussion, it was moved by Councillor Vermeeren that the
Public Hearing adjourn at 11: 12 a.m. Carried.
REEV
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COUNTY ADMIlVISTRATOR