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Home My WebLink About2001-05-10 Council (Regular) Minutesr County of Newell No. 4 Minutes of Council Meeting May 10, 2001 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 10, 2001 commencing at 10:00 a.m. Members Present Reeve Councillors Supt. of Public Works Recording Secretary W. Daniels V. Fabian (10:42 a.m.) C. Vermeeren J. Harbinson R. Steinbach A. Eckert M. Douglass C. Baksa E. Somerville P. Hoffman 1. Excused from Meeting ~ Moved by Councillor Baksa that Councillors Berg and Loewen be excused from this meeting. Carried. 2. Minutes 1. Council Minutes -April 19 , 2001 (,1 Minutes of the April 19, 2001 meeting were presented. Moved by Councillor Eckert that we 1~(J' adopt the minutes as presented. Carved. 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. .~- May 10, 2001 Page 68 5. Business from Minutes 6-2 Kav & Rigpins -Offer to Purchase S 20' of Lots 7 & 8, Block 1, Plan 2123FB Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Vermeeren that we approve this request subject to thisproperty being consolidated with the remainder of Lot 8, Block 1, Plan 2123FB and that portion of Lot 7, Block 1, Plan 2123FB that is owned by Mr. Kay's client. " Carried. 6. Delegation -Gordon Kav -Offer to Purchase S 20' of Lots 7 & 8, Block 1, Plan 2123FB Gordon Kay, of Kay and Riggins, and Gina Pfefferle were in attendance to present information on the above-noted offer to purchase. Business from Minutes (cont'd) 6-2 Kav & Rig~ins -Offer to Purchase S 20' of Lots 7 & 8, Block 1, Plan 2123FB (cont'd) Moved by Councillor Vermeeren that he withdraw his motion which reads: "Moved by Councillor Vermeeren that we approve this requestsubject to this property being consolidated with the remainder of Lot 8, Block 1, Plan 2123FB and that portion of Lot 7, Block 1, Plan 2123FB that is owned by Mr. Kay's client. " Carried. Moved by Councillor Baksa that we enter into an encroachment agreement with Frank and Gina Pfefferle for the South 20' of Pt. Lot 7 and the South 20' of Lot 8, Block 1, Plan 2123 FB allowing the cement pad, gate and fence to remain until such time as the area is required by the County for the purpose of widening the lane. If, after the Hamlet of Rolling Hills Study is completed, it is deemed that this lane does not need to be widened, Council may opt to sell this land to the owner on the condition that the south 20' of Pt. Lot 7 and south 20' of Lot 8 are consolidated with Lot 9, Lot 8 and a Pt. of Lot 7. Carved. ~. Correspondence ' ~' 1. Lutes & Bell -Offer to Purchase Tax Recovery Property -Division 2 Pt N'h 24-17-13-W4 (Tilley Oilfield Services Property A letter from D.H. Bell, of Lutes & Bell, regarding an offer to purchase the Pt. N'/~ 24-17-13- W4,was presented to Council. Moved by Councillor Eckert that we postpone this item to later in the meeting. Carried. May 10, 2001 Page 69 r"~ 2. Alberta Environment -John Ware Historic Cabin Request to Name S.H. 873 or S.H. 544 -John Ware Trail A letter from Alberta Environment, Dinosaur Provincial Park -World Heritage Site, regarding the re-opening of the John Ware Historic Cabin and requesting to name S.H. 873 or S.H. 544 John Ware Trail, was presented to Council. Moved by Councillor Eckert that we recommend, and support, the naming of S.H. 873 as the John Ware Trail. Carried. This request, along with a letter of support from the County, will be forwarded to Alberta Transportation, with a copy to MLA Oberg. Moved by Councillor Vermeeren that the Reeve, or his designate, attend the rededication of the John Ware Historic Cabin on June 23rd, 2001. Carried. Other Business There were no items of Other Business. 9. Cheques for Payment/Direct Debit Re ister Moved by Councillor Steinbach that Cheques #8225 - #8232, #8234 - #8338 and #8340 - #8383 in the amount of $1,165,165.83, and Direct Debit Register Batches #5428, #5441 and #5446 in the amount of $5,113.78, be approved for payment. Carried. ,~- 10. Post Agenda Items 1. Appointment of Matt Matoba -Weed Inspector Moved by Councillor Douglass that we appoint Matt Matoba as Weed Inspector for the County of Newell for 2001 pursuant to Section 5 of the Weed Control Act. Carried. ~. { 2. Fire Bans ~,J Arrived at Meeting Councillor Fabian arrived at 10:42 p.m. Moved by Councillor Steinbach that we impose a fire ban throughout the entire County of Newell. Defeated. Moved by Councillor Steinbach that we place ads in the Bassano Times and Brooks Bulletin for 2 weeks with regard to fire permits, fines, conditions and stressing that fires must be attended at all times. Carved. ..-- May 10, 2001 Page 70 11 12. 13. 14 ~~e Public Hearing -Plan 9711815, Blks, 1 & 2 (Pt. NW & NE 31-20-14-W4) From Urban Fringe District to Country Residential District Moved by Councillor Harbinson that we recess for the Public Hearing at 11:00 a.m. Carried. The meeting reconvened at 11:35 a.m. Delegation -Canadian Pheasant Company -Pheasant Hatchery Ed Houck, Ron McConnell and Wendell Rommens, of the Canadian Pheasant Company were in attendance to update Council on the status of the Pheasant Hatchery. They presented a letter to Council requesting that they be permitted to move Brooks Trap Club to their facility to help diversify their organization. Council explained that this request would have to go to the Municipal Planning Commission. Lunch Council recessed for lunch from 12:00 noon to 1:25 p.m. In Camera Moved by Councillor Steinbach that we move in camera. Carried. Moved by Councillor Douglass that we move out of camera. Carved. Delegation - Gord Shaw, Planner The Planner was in attendance for the following items. 1. Village of Tilley -Subdivision Planning Services A letter from the Village of Tilley, requesting that the County perform the services of Subdivision Planner for the Village, was presented to Council. Moved by Councillor Fabian that we enter into an agreement with the Village of Tilley for Subdivision Planning Services subject to the same terms as our agreements with Duchess and Rosemary. Carried. May 10, 2001 Page 71 ,~^ 2. Alberta Transportation -Secondary Highway Transfer Roadside Development Agreement A letter from Alberta Transportation, along with a Roadside Development Agreement, was presented to Council. Moved by Councillor Fabian that a letter be sent to Alberta Transportation in Lethbridge, with copies to MLA Lyle Oberg and Alberta Transportation in Edmonton, expressing our concerns as outlined in the report from Administration with regard to the Roadside Development Agreement. Carried. Moved by Councillor Vermeeren that we invite Darrel Camplin, of Alberta Transportation, to meet with Council to explain their reasoning with regard to their designation of major and minor secondary highways. Carried. 3. O1 NL 016 - Pt. SE 32-20-15-W4 & Pt. NE 29-20-15-W4 -Division 7 Dyck, Alan & Laura -Farmstead Separation Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Baksa that we approve Subdivision Application 01 NL 016 for a farmstead separation in Pt. SE 32-20-1 S-W4 and Pt. NE 29-20-1 S-W4 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the elimination of one road approach and upgrade of the other road approach to the proposed parcel as well as either upgrade or removal of the approaches to the remnant parcel. 2. The registration of a deferred municipal reserve caveat against the SE 32-20-1 S-W4M. `~ 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. 3. The applicant meeting all the 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 and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. S. 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 Oj~ce." Carved. Moved by Councillor Baksa~that we amend this motion such that we replace Condition 1 with "The applicant entering into an agreement with the County of Newell for the upgrading of the existing approach into the remnant parcel." Vote on amendment. Carried. Moved by Councillor Baksa that we amend this motion by making it a recommendation to the Intermunicipal Subdivision Authority. Vote on amendment. Carried. Vote on amended motion. Carried. A^ _ 15. Committee ReUOrts May 10, 2001 Page 72 MPC Councillor Baksa gave this report. 1. 00 NL 032 - Pt. NW 28-18-14-W4 -Division 5 Timko, George & Mona -Industrial Subdivision This item was referred to the next meeting. 2. Proposed Hamlet of Rolling Hills Study Moved by Councillor Harbinson that we approve the following: 1. That a study be conducted for the Hamlet of Rolling Hills in which the following issues maybe addressed: • What building standard can the community accept for future development? • How can a community's accepted standard be incorporated into a policy? • Are there acceptable architectural considerations that could be incorporated into the Land Use Bylaw to establish community standards for this hamlet? 2. That the study be undertaken by a student from the Faculty of Environment Design at the University of Calgary and complected by July 1, 2001, or sooner, to the satisfaction of the municipality. 3. That any recommendations from the study maybe incorporated into amendments to the Land Use Bylaw or Municipal Development Plan. 4. That we authorize the expenditure by Administration up to a maximum of $4,000.00 from the Contracted Planning Services account from the Planning and Development 2001 budget. Carried. Moved by Councillor Baksa that a computer work station be provided for additional planning initiatives. Carried. \\\ 3. Area Structure Plan -Bylaw 1354-O1 -Division 5 ~~~{{{"`"' Pt. NW 28-18-14 W4 Timko George & Mona A draft of the Timko Industrial Area Structure Plan for the Pt. NW 28-18-14-W4 was presented to Council. Moved by Councillor Harbinson that Bylaw 1354-01, being a bylaw to adopt the Timko Industrial Area Structure Plan for the Pt. NW 28-18-14-W4, receive first reading. Carried. May 10, 2001 Page 73 4. Subdivision O1 NL 018 -Plan 9410922, Block 1, Lot 1 (Pt. NW 21-17-13-W4) Graveland Cliff -Residential Subdivision -Division 2 This item was referred to the next meeting. Intermunici~al Subdivision Authority Councillor Baksa gave this report. 1. O1 NL 011 - Pt. NE 27-18-14-W4 -Division 5 Albert Snyders Holdings Ltd. -Farmstead Separation The Planner reported that the Intermunicipal Subdivision Authority tabled a motion approving the above-noted subdivision which County Council had recommended be denied. Moved by Councillor Vermeeren that we uphold our motion to deny this subdivision application. The Reeve left the meeting at 2:45 p.m. and the Deputy Reeve assumed the Chair. Vote on motion. Carried. This item will be brought back to the next meeting. 16. Bylaw 1349-01 Moved by Councillor Baksa that 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 receive second reading. Moved by Councillor Steinbach that we table second reading. Defeated. Vote on second reading. Carried. . .... Moved by Councillor Douglass that Bylaw 1349-01 receive third and final reading. Moved by Councillor Vermeeren that we table third reading. Carried. The Planner left the meeting at this time. ,.~-- May 10, 2001 Page 74 Correspondence (cont'd) 1. Lutes & Bell -Offer to Purchase Tax Recovery Property -Division 2 Pt. N'/Z 24-17-13-W4 (Tilley Oilfield Services Property (cont'd) The Reeve returned to the meeting at 3:15 p.m. and assumed the Chair. Moved by Councillor Baksa that, subject to administration establishing the legality of this offer, a letter be sent to Lutes & Bell with a counter offer asking for taxes in the amount of $10,300.91 and stating that we would be willing to forgo the arrears. Carried. 3. Offer to Purchase, Lot 2, Block 1, Plan 8210258 -Division 1 E. Somerville presented an offer to purchase for Lot 2, Block 1, Plan 8210258 in Rolling Hills. Moved by Councillor Harbinson that we accept the offer to purchase allowing payment in four installments as requested. Carried. 4. Request from Senior for Home Support Councillor Eckert reported that a senior in Division 8 had asked him how to go about getting home support. It was suggested that senior send a letter to F.C.S.S. with regard to home support as at the present time there are no programs for home support within the County. Committee Reports (cont'd) Newell Regional Solid Waste Management Authority \~ ~~~ Reeve Daniels gave this report. W Left Meeting Councillor Eckert left the meeting at 3:35 p.m. Municipal No report. May 10, 2001 ~ Page 75 ,.,, FCSS Councillor Harbinson gave this report. Moved by Councillor Harbinson that we approve F.C.S.S. funding of $5,000 to the Drug / Alcohol Recovery Assistance Program. Carried. Salarv Negotiating No report. Municipal Library Councillor Douglass gave this report. 17. Question Period /Notice of Motion A question period was held. 18. Information Items 1. Newell Mini Bus Report -March 19. Adjourn Moved by Councillor Vernieeren that the meeting adjourn at 3:43 p.m. Carried. ~~~ VE Q~c~ ~ ADMINISTRATOR ~~-- May 10, 2001 Page 76 County of Newell No. 4 Minutes of Public Hearing '~' May 10, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 10, 2001 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian C. Vermeeren J. Harbinson R. Steinbach A. Eckert M. Douglass C. Baksa Acting Secretary E. Somerville Recording Secretary P. Hoffinan The Reeve opened the Public Hearing at 11:02 a.m. ~... Applicant Brian Reinboldt and Gordon Kay of Kay & Biggins, representing adjacent landowners, were in attendance. The Acting Secretary stated that the purpose of the Public Hearing was to hear representations on 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. The Planner Gord Shaw arrived at the hearing at 11:05 a.m. i The Reeve advised those present of the procedure that would be followed for the Hearing. The Planner gave a summary of the proposal. Dan Endersby, adjacent landowner, arrived at the meeting at 11:10 a.m. ~-- Brian Reinboldt, applicant, spoke in favour of the bylaw. Council was given the opportunity to ask questions of the applicant and the Planner. ~' The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wanting to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Gordon Kay of Kay and Riggins, representing adjacent landowners, spoke in opposition to the bylaw. Mr. Kay distributed a written brief to Council. Council was given the opportunity to ask questions of Mr. Kay. The Reeve asked if there was anyone else wishing to speak in opposition of the bylaw. There was no one else wanting to speak in opposition of the bylaw. The applicant was given the opportunity for rebuttal. The Reeve asked if there were any further questions or concerns. There being no further discussion, it was moved by Councillor Eckert that the Public Hearing adjourn at 11:35 a.m. Carried. v ~ Y~ EVE COUNTY ADMINISTRATOR