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Home My WebLink About2002-09-05 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting September 5, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 5, 2002 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Executive Secretary K. Weiss 1. Excused from Meeting Moved by Councillor Pickett that Councillor Moss be excused from this meeting. Carried. 2. Minutes l 1. Council Minutes -August 22, 2002 (6 Minutes of the August 22, 2002 meeting were presented. Moved by Councillor Harbinson that we adopt the minutes as presented. Carried. 2. Public Hearing Minutes -August 22, 2002 Minutes of the Public Hearing held on August 22, 2002 were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. September 5, 2002 Page 140 4. Adoption of A eg nda Moved by Councillor Musgrove that we adopt the agenda as amended. Carried. 5. Minutes of July 18, 2002 Meeting The Reeve asked whether or not a correction was needed for the July 18, 2002 Council Meeting and no action was taken. 6. Business from Minutes 1. Foothills Little Bow Municipal Association -Call for Agenda Items A proposed Resolution for the Foothills Little Bow Municipal Association requesting a review ofthe Agricultural Operation Practices Act was presented to Council. Some amendments will be made to the Background Information. 2. Computer Purchase Policy The Computer Purchase Policy was presented to Council for consideration. Moved by Councillor Pickett that this Policy be adopted. Carried. 3. Brooks & District Ambulance Association/911 Moved by Councillor Fabian that the following motion be lifted from the table: "Moved by Councillor Baksathat aletter besent to the Ambulance Board and 911 Committee rearming our position of retaining two separate boards. "Carried. Moved by Councillor Musgrove that this motion be tabled until a 911 Meeting has been held. Carried. 7. Correspondence 1. Canadian Red Cross -Declare September 11.2002 as Emer eg_ncy Responders Day Correspondence from the Canadian Red Cross requesting that September 11, 2002 be declared as Emergency Responders Day was presented to Council. Moved by Councillor Fabian that we approve the following proclamation: WHEREAS, we support the efforts of the emergency responders, and recognize that emergency responders enhance our communities and our lives. September 5, 2002 Page 141 .^~ WHEREAS, we honor our emergency responders for their dedication, expertise, leadership and guidance. WHEREAS, it is appropriate that a special day be set aside to celebrate our emergency responders such as Fire, Police, Ambulance, Disaster Services, and Search and Rescue. Therefore, the County of Newell No. 4 hereby proclaims the 11"' day of September to be EMERGENCY RESPONDERS DAY Carried. Moved by Councillor Baksa that we arrange an evening meal for 2003 to honour our local emergency responders and that we contact the urban Municipalities within our boundaries asking if they would like to participate. Carried. 2. E.I.D. -County Offer to Purchase E.I.D. Lands - Pt. NW 24-19-15-4 Correspondence from the Eastern Irrigation District with a counter offer to our offer to purchase E.I.D. lands at the above-noted location was presented to Council. Moved by Councillor Vermeeren that we accept their offer. Carried. 3. Palliser Economic Partnership -Memorandum of Understanding/ Community Support Declaration/Membership Fee Correspondence from Palliser Economic Partnership concerning the Memorandum of Understanding, the Community Support Declaration and the membership fee was presented to Council. Moved by Councillor Loewen that we agree to pay the membership fee and sign the Community Support Declaration. Carried. Other Business 1. Circulation of MDP & IMPD The Municipal Development Plan and the draft Intermunicipal Development Plan were circulated in preparation for future meetings that have been set up and it was agreed that the Municipal Development Plan be reviewed first. ~~~ September 5, 2002 Page 142 2. By-law 1401-02 -Road Closure & Sale -Rolling Hills Golf Course Moved by Councillor Harbinson that Bylaw 1401-02, being a By-law for the closure and sale of Title #1-First: Plan 8210258, that portion of Second Street which lies north of the production easterly of the south boundary of Lot 21 in Block 4 as shown on said Plan; Second: Plan 8210258, that portion of Fifth Avenue which lies east of the production northerly of the west boundary of Lot 30 in Block 4 as shown on said Plan; Third: Plan 8210258, the corner cut-offs adjoining the southeast boundary of Lot 24 in Block 2 and the north east boundary of Lot 30 in Block 4 as shown on said Plan; Title #2 -Plan 8210258 Block 2, that portion of lane which lies between the productions northerly of the west boundary of Lot 18 and the east boundary of Lot 24 both in said Block as shown on said Plan receive first reading. Carried. 3. 2002 Organizational Meeting Date Moved by Councillor Loewen that Administration set the 2002 Organizational Meeting for October 21, 2002 to be held before the Workshop Session. Carried. 9. Direct Debit Re ig ster Direct Debit Register Batches #6098 & 6125, in the amount of $13,782.72, were approved at the August 22, 2002 meeting but were not circulated for Council members to review, therefore they were circulated at this time. 10. Post Agenda Items 1. Banking Services Moved by Councillor Harbinson that we accept the tender from Alberta Treasury Branch for our banking services for the period January 1, 2002 to December 31, 2004. Carried. 2. Auditing Services Moved by Councillor Eckert that we accept the tender from Young Parkyn McNab for our auditing services for the period January 1, 2002 to December 31, 2004. Carried. 3. Shortgrass Librar~ystem Council was reminded of the Shortgrass Library System Information Meeting tonight at 7:00 p.m. at the Heritage Inn. September 5, 2002 Page 143 ,~--~ 4. Wheatland County -NRCB It was the consensus of Council that we accept the request from Wheatland County and that either Reeve Daniels or Councillor Harbinson and the Administrator attend at a Wheatland County meeting to explain our concerns regarding the NRCB review process and decision on the Enforcement Order Review held in the County of Newell. 5. Village of Rosemary Fire Committee Councillor Loewen advised that the Village of Rosemary Fire Committee is requesting the County to donate trucks and drivers at the County's cost to haul away the debris from the demolition of a building. Moved by Councillor Loewen that we provide trucks and drivers at a time mutually agreeable between all parties involved. Carried. 6. Ronn Christianson Councillor Pickett advised that Ronn Christianson has requested permission to roll wire on the old CPR property on the east side of the Ballast Pit. He will be advised to contact the Administrator. °~ 7. Rainier Water Users Councillor Vermeeren advised that various Rainier water users have hard feelings about their water rate increase for 2002. 8. ElectricitYDere lug anon This item was postponed until later in the meeting. 9. Governance Workshops Discussion took place regarding a fax received on Governance Workshops. September 5, 2002 Page 144 11. Committee Reports Municipal Administration stated that we have been advised that the Lack of Moisture & Satellite Imagery Insurance Programs were not meant for elected officials. Moved by Councillor Harbinson that we rescind the motion from Page 133 of the August 22, 2002 Council Meeting authorizing payment for Councillor Moss to attend this Program. Carried. 12. Delegation -E.I.D. Historical Park Kermith Anderson and Lois Jacobson, from the E.I.D. Historical Park, were in attendance to make a presentation on behalf of the Park and to request either a donation or cancellation of their land taxes since they are anon-profit organization. Moved by Councillor Vermeeren that we pay the local improvement for the water treatment plant and reservoir each year on land owned by the Park, with the exception of the house, and, if already paid for 2002, that we refund this local improvement charge. Moved by Councillor Eckert that we amend the motion to say that this local improvement charge be reviewed yearly. Vote on the amendment - Defeated. Vote on the original motion -Carried. The Park will also be asked if theywould like us to look into the possibility ofpurchasing their property from the Province which would make them eligible to request funds from our Public Reserve Trust Account for capital improvements. 13. Delegation -Brooks Housin Sg_ociety -Affordable Housing Alison Ortwein and Sara-Lyn Duque, of the Brooks Housing Society, were in attendance to make Council aware oftheir progress to date regarding their Prairie Village affordable housing project. Committee ReQorts (Cont'd.) Assessment Review Board Councillor Musgrove gave this report. Lunch Council recessed for lunch from 11:50 a.m. to 1:20 p.m. September 5, 2002 Page 145 14. In Camera Moved by Councillor Musgrove that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Committee Reports (Cont'd.) MuniciQal Planning Commission Planner, Mengqiao Cui, was in attendance for this portion of the meeting. 1. O1 NL 021 - Pt. NW 6-18-14-W4 -Division 5 Eastern Irrigation District -Commercial Subdivision Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application O l NL 021 for a Commercial Subdivision within a portion of the NW 6-18-14-W4 subject to the following conditions: 1. Approval of a text amendment to Land Use Bylaw 1004-90 to add "recreational storage yard" to discretionary uses in the RC -Resort Commercial District. 2. The applicant entering into an agreement with the County of Newell for construcrion and/or upgrading of road approaches to the proposed and remnant parcels as required by the Public Works Department. 3. The dedication of land for the development of a road to the subject property thereby eliminating the panhandle of the subdivision. . 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. 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. 6. 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. 7. All outstanding municipal taxes being paid prior to endorsement. Carried. 2. O1 NL 031 - Pt. SW 22-20-13-W4 -Division 3 Eastern Irrigation District -Waste Transfer Station Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application O 1 NL 031 to subdivide atwo-acre parcel within a portion of the SW 22-20-13-W4 to allow for the future development of a waste transfer station subject to the following conditions: September 5, 2002 Page 146 1. The applicant entering into an agreement with the County of Newell for construction and/or upgrading of road approaches to the proposed and remnant parcels as required by the Public Works Department. 2. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 3. 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. 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. All outstanding municipal taxes being paid prior to endorsement. 6. Aland use change for the subject property from A -Agricultural to P-WTS -Public - Waste Transfer Site District. 7. The applicant meeting all concerns of the County ofNewell Agricultural Service Board. Councillor Musgrove requested a recorded vote. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 10 Councillor Baksa Against Division 3 Councillor Musgrove Division 8 Councillor Eckert Division 9 Councillor Pickett Absent Division 6 Councillor Moss Carried. 3. Eastern Irrigation District - Pt. SW 22-20-13-W4 -Division 3 A -Agricultural to P-WTS -Public -Waste Transfer Site District Moved by Councillor Baksa that By-law 1402-02, being a By-law to re-designate atwo-acre portion of the SW 22-20-13-W4 from A -Agricultural District to P-WTS -Public -Waste Transfer Site District, receive first reading. Councillor Musgrove requested a recorded vote. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 10 Councillor Baksa September 5, 2002 Page 147 Against Absent Division 3 Councillor Musgrove Division 8 Councillor Eckert Division 9 Councillor Pickett Division 6 Councillor Moss Carried. 4. Text Amendment to Land Use B Moved by Councillor Baksa that By-law 1403-02, being a By-law amending Land Use Bylaw #1004-90 by adding the following to Section 51.1 -Permitted Uses: "Mobile Home* * Restricted to mobile homes two years old or less within Johnson Estates subdivisions (Plans 9011761, 9512203, 9611766, 9711628, 0011770 and 0211723) and all future phases in the Johnson Farms Area Structure Plan and amendments thereto.", receive first reading. Carried. 5. 02 NL 017 - NE 25-21-19-W4 -Division 6 Maurer. Laurence -Agricultural Subdivision Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority refusal of Subdivision Application 02 NL 017 for an agricultural subdivision within the NE 25-21-19-W4 as it does not confonm with our Municipal Development Plan Policy 2.5.2 which states: "The County recognizes an unsubdivided quarter section as the minimum agricultural parcel size on agricultural land", and Policy 2.5 of the Municipal Development Plan which states: "The County discourages the subdivision of agricultural land which leads to the unnecessary fragmentation of quarter sections, or the creation of parcels which are of insufficient size for normal agricultural operations". Carried. 6. 02 NL 018 - SW 10-19-14-W4 -Division 10 Johnson Farms Ltd. -Residential Subdivision Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 018 for a residential subdivision within the SW 10-19-14-W4 subject to the following conditions: 1. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation and registration of the agreement will be at the cost of the applicant. 2. The applicant providing a drainage and grading plan for this development area to the satisfaction of the Subdivision Authority. September 5, 2002 Page 148 3. The applicant providing a geotechnical study by a qualified engineer indicating the - groundwater level, and the suitability and variability of the proposed sewage disposal system, to the satisfaction of the Subdivision Authority. 4. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. The applicant entering into an agreement with the County of Newell for construction and/or upgrading of road approaches to the proposed and remnant parcels as required by the Public Works Department. 6. 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. 7. 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. 8. All outstanding taxes being paid prior to endorsement. 9. Prior to endorsement of the subdivision plan, a homeowner's association is to be created to be responsible for any public utility lots and/or green space, with a caveat being registered on the titles showing the property being subject to the membership and obligations of the homeowner's association. Carried. 7. 02 NL 019 - Pt. NW 18-21-18-W4 - (Owner - M & L Farms Ltd) Division 6 Applicant -Ray Juska, NRSWMAL -Non-Agricultural Subdivision Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority ~` approval of Subdivision Application 02 NL 019 for anon-agricultural subdivision within a portion of the NW 18-21-18-W4 subject to the following conditions: 1. The applicant entering into an agreement with the County ofNewell for construction and/or upgrading ofroad approaches to the proposed and remnant parcels as required by the Public Works Department. 2. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 3. 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. 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. All outstanding taxes being paid prior to endorsement. 6. The land use being changed from OF -Urban Fringe to P-WTS -Public-Waste Transfer Site prior to endorsement. Carried. September 5, 2002 Page 149 8. Applicant Ray Juska NRSWMAL (Owner M & L Farms Ltd.) Division 6 Pt NW 18-21-18-W4 - OF -Urban Fringgto P-WTS -Public-Waste Transfer Site Moved byCouncillor Baksathat By-law 1404-02, being a By-law to re-designate asix-acre parcel within a portion of the NW 18-21-18-W4 from OF -Urban Fringe District to P-WTS - Public-Waste Transfer Site District, receive first reading. Carried. 9. Application Fee Refund Moved by Councillor B aksa that we waive the application fees for subdivision and land use amendment for Pt. of NW 18-21-18-W4. Moved by Councillor Fabian that this motion be amended stating that any "out-of-pocket" costs associated with the processing be charged. Vote on amendment -Defeated. Moved by Councillor Vermeeren that this motion be amended stating that we forgive 50% of the costs. Vote on the amendment -Carried. Vote on amended motion -Carried. Moved by Councillor Baksa that we forgive 50% of associated costs on all Newell Regional Solid Waste Management Authority Ltd. subdivision and land use amendment applications. Carried. 10. Johnson Farms Area Structure Plan -Text and Plan Amendment Moved by Councillor Baksa that By-law 1405-02, being a By-law to make text amendments to the Johnson Farms Area Structure Plan as follows: Paragraph 1, Section 6.6 be revised by deleting: "This northeast park extends west to accommodate the existing grove of trees situated near the north boundary of the property. The exact location of these trees will be determined through a boundary survey at the time of subdivision. "and replacing with: "This northeastpark will be connected to the existing pond at the northwest corner of the property through walkways which would connect up to the proposed cul-de-sacs. " Paragraph 2, Section 6.6 be revised by deleting: "+12.68 ha (+31.35 ac) or 36.1 % ": and replacing with: "+11.80 ha (+29.16 ac) or 33.6% ". Paragraph 2, Section 6.7 be revised by deleting: "extends west to accommodate the existing grove of trees. This park space provides access to both cul-de-sacs at the north end of the plan. "and replacing with: "will be accessible to both cul-de-sacs at the north end of the plan. ", receive first reading. Carried. ,-- September 5, 2002 Page 150 11. Text Amendment -Lake Newell Resort - NW 6-18-14-W4 15 16. Administration was directed to come up with a definition for "Storage Yard" before consideration is given for first reading of a By-law for this text amendment. Subdivision & Development Appeal Board Councillor Vermeeren gave this report. The Planner left the meeting at this time. Post Agenda Items (Cont'd.) 8. Electrici Deregulation The Reeve presented information and discussion took place on this item. Question Period /Notice of Motion Councillor Baksa informed Council of the brochure that is being put together for the 50~' Anniversary celebration. Moved by Councillor Harbinson that three Council members be allowed to attend the "Just Add Water" Conference being held in Saskatoon, SK on October 2 & 3, 2002. Moved by Councillor Baksa that this motion be amended to read: "'The member from the Water Management South Saskatchewan River Basin Committee and the member from the Bow River Basin Advisory Committee be allowed to attend". Vote on the amendment -Carried. Vote on the amended motion -Carried. Information Items There were no information items. 17. Adjourn Moved by Councillor Loewen that the meeting adjourn at 3.25 p.m. Carried. REEVE ~~~ ~~ ADMINISTRATOR September 5, 2002 Page 151