HomeMy WebLinkAbout2002-06-20 Council (Regular) Minutes.-~
County of Newell No. 4
Minutes of Council Meeting
June 20, 2002
The regular Council Meeting of the County of Newell No. 4 was held in the County Office at
Brooks, AB on Thursday, June 20, 2002 commencing at 9:00 a.m.
Members Present
1. Excused from Meetine
Reeve W. Daniels
Councillors C. Vermeeren
J. Harbinson
E. Moss
M. Lcewen
A. Pickett
C. Baksa
Administrator A. Martens
Assistant Administrator N. Moriyama
Recording Secretary P. Garrett
Moved by Councillor Harbinson that Councillors Fabian, Musgrove and Eckert be excused from
this meeting. Carried.
2. Minutes
1. Council Minutes -June 6.2002
Minutes of the June 6, 2002 meeting were presented. Moved by Councillor Vermeeren that we
adopt the minutes as presented. Carried.
2. Public Hearing Minutes -June 6.2002
Minutes of the three Public Hearings held on June 6, 2002 were presented. Moved by Councillor
Baksa that we adopt the minutes as presented. Carried.
3. Call for Post Agenda Items
The Reeve called for post agenda items.
4. Adoption of Agenda
Moved by Councillor Moss that we adopt the agenda as amended. Carried.
June 20, 2002
Page 104
Business from Minutes
1. Permit #23 t 1 - Pt. SW 25-18-15-W4 -Direct Control Bylaw 1363-01
Marshall Bandura -Manufacturing & Fabrication Operation -Division 5
Development Control Officer P. Urban was in attendance for this item.
Vote on the following motion postponed from June 6, 2002: "Moved by Councillor Harbinson that
we approve Development Permit Application #2311 for the development of an oversized building
jor a manufacturing and fabrication operation within a portion of the SW 25-18-1 S-W4 waiving
the size restrictions subject to the following conditions:
1. This use being classified as a "Manufacturing & Fabrication Operation " being a
discretionary use within the DC -Direct Control District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with theprovisions of Section 69 ofLand Use Bylaw#1004-90pertaining
to the DC -Direct Control District.
4. This development being located as shown on the site plan submitted on January I1, 2002.
Any changes to that plan shall require the written approval of the Development Officer.
S. This use complying with the Alberta Building Code.
6. The developer obtaining all required permits (ie: electrical, building, heating, ventilation,
gas and plumbing) from an accredited inspection agency.
7. The developer providing the Development Officer with a copy of the building permit issued
by a licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
8. The developer ensuring that there is an adequate supply of water for fire suppression with
this development.
9. The developer ensuring an adequate supply of water is provided for this use.
10. The developer ensuring proper disposal of sewage and waste from this use.
I1. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
I2. The developer ensuring al! construction materials, supplies and equipment are stored on the
property and not on the public roaafxriv.
13. The developer ensuring continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
14. The developer ensuring the following minimum yard setback is maintained for the
development:
Front Side Flankage Rear
. * 40 metres 3 metres 3 metres 7.S metres
* From the centre line ofpublic roaduzry.
1 S. This permit being only for the development of ~a ~t~fanufacturing and Fabrication Operation
within a Ptn. SW 25-18-1 S-4 containing six acres. Any additional development shall require
prior approval of a separate permit application.
16. The development not creating any contamination of soil, surface or ground water.
17. The external storage of goods or material including garbage being screened from Young
Road by appropriate screening to the satisfaction of the Development Authority.
18. The County Council grants a varies»ce such that the building does not exceed an area of
1, l l Sm2 (12,000 ftz).
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June 20, 2002 Page I05
r 2. Water System Bylaws -Patricia & Scandia
Administration will draft new bylaws for water and sewer systems within the County.
3. 50`° Anniversar~t?o Contest
Council reviewed the entries for the 50"' Anniversary Logo Contest. There were 40 entries for this
contest.
4. Proposed Assessment Review Board Date
The Assessment Review Board meeting date was set for September 4"', 2002.
8. Post Agenda Items
1. Alberta Government Services -Foreign Ownership of Land Regulations
This item was referred to the July 8'~ Municipal Committee Meeting.
2. MLA Lvle Oberg Open House -June 22.2002
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Moved byCouncillor Harbinson that anyone attending the above-noted meeting do soon their own
with no charge to the County. Carried.
9. Committee Reports
Municipal
No report.
A.S.B.
Councillor Loewen gave this report.
Newell Foundation
Councillor Moss gave this report.
Salary Neeotiatin~ Committee
~" Councillor Harbinson report.
June 20, 2002 Page 108
Assessment Review Board
No report.
Airoort Commission
No report.
Disaster Services Committee
No report
Municipal Library Board
No report.
Foothills Little Bow Municipal Association
No report.
Municipal Budget Committee
No report.
Municipal Planning Commission
Planner M. Cui was in attendance for the following item. Councillor Baksa gave this report
1. 02 NL 011 - NW 12-19-15-W4 -Division 5
Biil Jackson -Farmstead SeQaration
Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority that
Subdivision Application 02 N 011 for a farmstead separation within the NW 12-19-15-W4 be
denied as it would be creating a panhandle; it would be within Lakeside's MDS; and there is an
industrial subdivision adjacent to the proposed subdivision. Carried.
The Planner left the meeting at this time.
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June 20, 2002
Page 109
~'^ 19. The developer providing adequate parking in accordance with the type of development
proposed as shall be determined by the Municipal Planning Commission or Development
Off cer.
a) at a rate of one (1) stall per 96m' /net area or
b) one (1) stall per three employees
20. The developer providing a comprehensive plan including site layout, building design,
exterior finishes and colour, landscaping, fencing, garbage facilities and parking prior to
commencement of construction to the satisfaction of the Development Officer.
21. The road approach being constructed prior to the development and to the satisfaction of the
Public Works Department.
22. The developer entering into an agreement with the County for the installation of proper
signage as required by the Public Works Department. Such signage will be installed by the
County at the cost of the developer. "
Carried.
The Development Control Officer left the meeting at this time.
Planner M. Cui was in attendance for the following items.
2. Bylaw 1396-02 - SE 28-18-14
From Urban Fringe District to Industrial District
This item was not lifted from the table.
3. 02 NL 010 - Pt NW 18-21-18-W4 -Division 6
Michael Steinbach -Applicant (M & L Farms Ltd - Ownerl -Non Aericultural Subdivision
Moved by Councillor Loewen that the following motion be lifted from the table: "Moved by
Councillor Baksa that we recommend to the Subdivision Approving Authority approval of
Subdivision Application 02 NL 010 for a non 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 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 land use amendment from OF to P-WTS being approved by the County Council prior to
the endorsement of the survey plan.
3. The applicant meeting all requirements of the Eastern Irrigation District xzth respect to the
conveyance of water as well as easements.
4. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried fontiUrd, as
required, when the subdivision mylar is registered at Land Titles Office.
S. 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.
June 20, 2002 Page 106
6. The proposed .subdivision encompassing the entire triangular parcel of land located within
the NW 18-21-18-W4 north of the railroad trucks.
Carried. Vote on motion. Defeated.
The Planner left the meeting at this time.
6. Correspondence
Lake Newell Marina Association -Request for Gravel
Superintendent of Public Works E. Somerville was in attendance for the following item.
A letter from the Lake Newell Marina Association, requesting a donation of 150 yards of 3/4" crush
gravel, was presented to Council. Moved by Councillor Harbinson that we approve this request.
Moved by Councillor Baksa that we table this motion. Carried.
The Superintendent of Public Works left the meeting at this time.
2. Brooks & District Museum -Donation Request for Museum Inventory Proiect
A letter from the Brooks & District Museum, requesting a donation and a letter of support for their
Museum Inventory Project, was presented to Council. Moved by Councillor Loewen that we give
the Museum a letter of support for this project. Moved by Councillor Moss that we amend the
motion to include a donation of $1,000. Vote on amendment. Carried. Vote on amended motion.
Carried.
7. Other Business
Finance Officer G. Lucas and Superintendent of Public Works E. Somerville were in attendance
for the following item.
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1. Scandia/Rainier Water/Sewer 2002 Operating Rates
Moved by Councillor Vermeeren that the 2002 Water/Sewer Operating Rates for Scandia be set at
$505 and $75 respectively. Carried. Moved by Councillor Vermeeren that the 2002 Water
Operating Rates for Rainier be set at $440 per residential unit and $12,320 for the school. Carried.
The Finance Officer and the Superintendent of Public Works left the meeting at this time.
June 20, 2002 Page 107
~- Subdivision & Development Appeal Board
No 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
Councillor Harbinson gave this report.
Road Ban Committee
Reeve Daniels gave this report
Municipal Development Plan Committee
No report.
Grievance Committee
No report.
9-1-1
No report.
College Advisory Committee
No report.
June 20, 2002 Page 110
Red Deer River Basin Advisorv Committee
No report.
Bow River Basin Advisorv Committee
Councillor Vermeeren gave this report. Administration was directed to determine who mad the
presentation to the committee and to invite the presenter to make the same presentation to Council.
10. Public Hearing -LSD 12 within the NW 29-20-14-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.
Council reconvened at 11:13 a.m.
11. Bylaw 1384-02
Moved by Councillor Baksa that Bylaw 1384-02, being a bylaw to change the designation of LSD
12 within the NW 29-20-14-W4 from OF -Urban Fringe District to CR -Country Residential
District receive second reading. Moved by Councillor Baksa that we table this motion. Carried.
Moved by Councillor Baksa that all urban municipalities be treated as Town of Brooks when
referring planning matters in their urban fringe areas. Carried.
The Planner left the meeting at this time.
Other Business (cont'd)
50"' Anniversar~go Contest (cont'd)
~ Moved by Councillor Baksa that the entry from Wanda Wallace be awarded first prize. Carried.
June 20, 2002 Page 111
~^ Committee Reports (cont'd)
Workshop Session
Farm Propertv Assessment Review Submission
Moved by Councillor Vermeeren that we recommend to the MLA Farm Property Assessment
Review Committee that a Committee be established comprised of assessors, municipalities,
intensive agricultural stakeholders and extensive agricultural stakeholders, for the purpose of
considering alternative options to the footprint concept and to develop regulations and answers to
outstanding questions regarding the footprint concept, including but not limited to, questions such
as how livestock will be counted and how the footprint concept will take into account fluctuations
in the number of livestock an operator has which, in turn, depends on the current economic climate
of the particular industry. Carried.
Moved by Councillor Harbinson that we inform the MLA Farm Property Review Committee that
we will not support any of their recommendations unless the education tax is removed from farm
land. Carried.
Moved by Councillor Loewen that we inform the MLA Farm Property Review Committee that the
province must reimburse municipalities for any implementation costs incurred by municipalities
as a result of any assessment method changes. Carried.
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2. Banking A~seement -Request for Proposals
Moved by Councillor Vermeeren that administration initiate a request for proposals from banking
institutions for a three year banking agreement. Carried.
3. Annual Audit -Request for Proposals
Moved by Councillor Moss that administration initiate a request for proposals from qualified
auditors for the preparation of our annual audit for the years 2002 to 2004 inclusive. Carried.
4. Investment Policv
Moved by Councillor Pickett that we approve the investment policy as presented. Carried.
5. Recreation Corridors Legislative Review
This item was referred to the July 8"', 2002 Municipal Committee Meeting.
June 20, 2002 Page 112
FCSS Board
Councillor Loewen gave this report.
2002 FCSS Conditional Funding Disbursement
Moved by Councillor Loewen that, from the conditional FCSS funding, the following budget
adjustments be made:
Tilley School $1,000.00
Conferences $2,000.00
Administration $800.00
Carried.
Moved by Councillor Loewen that the remainder of the conditional FCSS funding be distributed
as follows:
Lifetalk Counselling Services $2,042.00
Brooks Women's Shelter $5,000.00
SPEC $2,000.00
Brooks & District Child Development Society $1,000.00
B lacksheep Promotions $1,000.00
Global Friendship Immigration Centre $8,750.00
FCSS Contingency $1,432.00
Carried.
2. Proposed Cleaning Contract
Moved by Councillor Loewen that we approve the Home Support Contract with Clean Sweep
Team. Carried.
Palliser Economic Partnership
` Reeve Daniels gave this report.
Lunch
Council recessed for lunch from 12:05 p.m. to 1:33 p.m.
12. In Camera
There were no In Camera items.
June 20, 2002 Page 113
r Committee Reports (cont'd)
Regional Services
No report.
50"' Anniversary Committee
Councillor Baksa gave this report.
13. Ouestion Period /Notice of Motion
A question period was held. Councillor Harbinson expressed concern with regard to the road to
the Bantry Bay Subdivision. Councillor Baksa requested magnetic name tags for the Councillors.
Councillor Harbinson expressed concern that truckers had not yet been informed of rates.
14. Information Items
1. Safety Meeting Minutes
15. Dele¢ation -Dennis Blain and Bantry Bay Proponents
Dennis Blain and 12 Bantry Bay proponents were in attendance to address Council with regard to
the proposed Bantry Bay development. They indicated that they had purchased this land from the
Eastern Irrigation District and hold clear title to the property. They also indicated that they were
willing to post a performance bond to alleviate Council's fears that once started the project would
not be properly completed and that they were in negotiations with the Town of Brooks to connect
to the proposed sewer line. Council was told that this development would have lots that were a
minimum of 1 acre in size. They indicated that they would be willing to make any changes
necessary to their proposal to get Council's approval. The general feeling of Council was that they
did not want to see this area developed at this time.
16. Adjourn
Moved by Councillor Vermeeren that the meeting adjourn at 2:32 p.m. Carried.
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ADMINISTRAT R
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June 20, 2002 Page 114
,•-
County of Newell No. 4
Minutes of Public Hearing
June 20, 2002
A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks,
AB on Thursday, June 20, 2002 commencing at 11:00 a.m.
Members Present Reeve W. Daniels
Councillors C. Vermeeren
J. Harbinson
E. Moss
M. Loewen
A. Pickett
C. Baksa
Administrator A. Martens
Assistant Administrator N. Moriyama
Planner M. Cui
Recording Secretary P. Garrett
The Reeve opened the Public Hearing at 11:00 a.m.
.^
Applicant David Wiens and adjacent landowner Ken Neufeld were in attendance at this
hearing.
The Administrator stated that the purpose of the Public Hearing was to hear representations
on Bylaw 1384-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of
n re-zoning LSD 12 within the NW 29-20-14-W4 from OF -Urban Fringe District to CR -
~ Country Residential District.
The Planner gave background on this application.
The Reeve advised those present of the procedures that would be followed for the hearing.
The Reeve asked for representation from the applicant on this proposal. Applicant David
Wiens spoke in favour of the bylaw by giving a history of this parcel of land, including the
preparation of the land for development. He also indicated that he has received pressure
from people wanting him to subdivide and that subdivision would work in well with his
plans for retirement.
'~ Council was given the opportunity to ask questions of the applicant. There were no
questions.
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.
Adjacent landowner Ken Neufeld spoke indicating that, although he had no objections to
progress, he did have concerns with regard to the proposed development. He indicated
that his main concerns were increased traffic and enforcement of bylaws so adjacent
landowners would have recourse should the inhabitants of the proposed subdivision violate
the rights of the adjacent landowners.
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 of the bylaw.
Council was given the opportunity to ask questions of Mr. Neufeld.
Councillor Vermeeren asked if traffic was Mr. Neufeld's main concern.
Mr. Wiens was given the opportunity for rebuttal. Mr. Wiens indicated that he appreciated
and shared Mr. Neufeld's concern. He indicated that there will always be people that want
to get out and use the roads.
Council was given the opportunity to ask further questions.
Councillor Harbinson asked Mr. Neufeld if he had ever contacted the County's Special
Constable with regard to his concerns.
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Councillor Harbinson questioned Mr. Wiens on the proposed lot sizes for this development
and if the development would be compatible with the Village of Duchess should the
Village want to annex the proposed area in the future.
There being no further discussion, it was moved by Councillor Vermeeren that the Public
Hearing adjourn at 11:13 a.m. Carried.
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REEV COUNTY ADMINISTRATOR