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Home My WebLink About2002-06-06 Council (Regular) Minutes.~^ ,.., 1. 2. 3 County of Newell No. 4 Minutes of Council Meeting June 6, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 6, 2002 commencing at 10:00 a.m. Members Present Reeve Councillors Administrator Assistant Administrator Recording Secretary W. Daniels V. Fabian C. Vermeeren J. Harbinson E. Moss M. Loewen (10:02 a.m.) A. Eckert A. Pickett C. Baksa A. Martens N. Moriyama P. Garrett Excused from Meeting Moved by Councillor Harbinson that Councillor Musgrove be excused from this meeting. Carried. Minutes 1. Council Minutes - Mav 23, 2002 Minutes of the May 23, 2002 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. Call for Post A~,enda Items The Reeve called for post agenda items. Arrived at Meeting Councillor Loewen arrived at the meeting at 10:02 a.m. 4. Adoption of Agenda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. June 6, 2002 Page 94 5. In Camera Moved by Councillor Harbinson that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Moved by Councillor Vermeeren that we accept the settlement offer from Alberta Environment on the Environmental Administrative Penalty. Carried. 6. Business from Minutes 1. Prairie Acres Owners Association -Park Enhancement -Proposed Amendment This item was not lifted from the table. 7. Con: espondence 1. Calgary Stampede -Attendance at Stamg_ede Farm Family Award A letter from the Calgary Stampede Farm Family Committee, regarding the Farm Family Awards, was presented to Council. Moved by Councillor Baksa that Agricultural Fieldman Steve Wylie and the Councillor from the Farm Family Award recipient's division be permitted to represent the County of Newell at this presentation. Can~ied. 2. Town of Brooks -County of Newell Land Use Bylaw Amendment - SE 28-18-14-W4 This item will be dealt with during the Public Hearing. 8. Other Business 1. Lakeside Tour A letter will be sent to Mr. Garnet Altwasser, of Lakeside Industries, suggesting the dates of August 20, 23 or 26 as possible dates for a Lakeside Tour. 2. Bylaw 1398-02 -Closure and Sale of Road Plan 8719286 - Moved by Councillor Fabian that Bylaw 1398-02, being a bylaw for the purpose of closing to public travel and sale Road Plan 8710286, receive first reading. Carried. June 6, 2002 Page 95 .^ 9 10. ,~ 11. 12. .-- 3. Municipal Sponsorship Program 2002 Assistant Administrator N. Moriyama reported on this item. Moved by Councillor Loewen that we accept administration's recommendation to apply for a new network server and related software under the Municipal Sponsorship Program 2002. Carried. Delegation - Hutterian Brethren of Lathom Planner M. Cui was in attendance for the following item. Elias Wurz, of the Hutterian Brethren of Lathom and Cam Christian, ALS, were in attendance to present information on Subdivision Application 02 NL 006. The Planner left the meeting at this time. Delegation -RCMP S/Sgt. R. Noble of the Brooks RCMP Detachment and Cpl. G. Tudor of the Bassano RCMP Detachment were in attendance to present their quarterly reports to Council. Public Hearing - Pt. NW & SW 22-18-15-W4 From Agricultural District to Industrial District Moved by Councillor Vermeeren that we recess for the Public Hearing at 11:32 a.m. Carried. Council reconvened at 11:41 a.m. Bylaw 1391-02 Moved by Councillor Loewen that Bylaw 1391-02, being a bylaw to re-zone a portion of the NW & SW 22-18-15-W4 from A -Agricultural District to I -Industrial District, receive second reading. Carried. Moved by Councillor Harbinson that Bylaw 1391-02 receive third and final reading. Carried. June 6, 2002 Page 96 Other Business (cont'd) 4. Permit #2311 - 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. Moved by Councillor Fabian that we advertise the proposed development and that we refer Development Permit Application #2311 to the Municipal Planning Commission for their recommendation to Council. Defeated. Moved by Councillor Harbinson that we approve Development Permit Application #2311 for the development of an oversized building for a manufacturing and fabrication operation within a portion of the SW 25-18-15-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 the provisions of Section 69 of Land Use Bylaw #1004-90 pertaining to the DC -Direct Control District. 4. This development being located as shown on the site plan submitted on January 11, 2002. Any changes to that plan shall require the written approval of the Development Officer. 5. This use complying with the Alberta Building Code. 6. The developer obtaining ali 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. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 12. The developer ensuring all construction materials, supplies and equipment are stored on the property and not on the public roadway. 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 follo~i7ng minimum yard setback is maintained for the development: Front Side Flankage Rear * 40 metres 3 metres 3 metres 7.5 metres * From the centre line of public roadway. 1 ~. This permit being only for the development of a Manufacturing and Fabrication Operation within a Ptn. SW 25-18-1 S-4 containing sixacres. Any additional development shall require prior approval of a separate permit application. June 6, 2002 Page 97 l 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 variance such that the building does not exceed an area of 1,115mZ (12,000 ft2). 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 Officer. a) at a rate of one (1) stall per 96m2/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. Moved by Councillor Loewen that we postpone voting on this motion until further information is obtained. Carried. The Development Control Officer left the meeting at this time. Lunch Council recessed for lunch from 12:03 p.m to 1:30 p.m. 13. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Harbinson that we move out of camera. Carried. 14. Public Hearing - SE 28-18-14-W4 From Urban Fringe District to Industrial District Moved by Councillor Eckert that we recess for the Public Hearing at 2:00 p.m. Carried. Council reconvened at 2:10 p.m. June 6, 2002 Page 98 15. B law 1396-02 Moved by Councillor Baksa that Bylaw 1396-02, being a bylaw to re-zone a portion of the SE 28- 18-14-W4 from OF -Urban Fringe District to I -Industrial District, receive second reading. Moved by Councillor Baksa that we table this motion. Carried. Other Business (cont'd) 4. Permit #23I I - Pt. SW 25-I8-15-W4 -Direct Control Bylaw 1363-01 Marshall Bandura -Manufacturing & Fabrication Operation -Division 5 (cont'd) Planner M. Cui and Development Control Officer P. Urban were in attendance for this item. Further information was presented on this item. It was consensus of Council that we ask the Town of Brooks to have their comments to us prior to the June 20~, 2002 Council meeting at which time we will make our decision. Moved by Councillor Vermeeren that we further postpone the vote on the motion to approve Development Permit Application #2311 until June 20, 2002. Carried. The Development Control Officer left the meeting at this time. 16. Public Hearing - Pt. NW 19-18-14-W4 From Urban Frinee District to Light Industrial District Moved by Councillor Baksa that we recess for the Public Hearing at 2:35 p.m. Carried. Council reconvened at 2:52 p.m. 17. Bvlaw 1397-02 Moved by Councillor Loewen that Bylaw 1397-02, being a bylaw to re-zone a portion of the NW 19-18-14-W4 from OF -Urban Fringe District to LI -Light Industrial District, receive second reading. Carried. Moved by Councillor Moss that Bylaw 1397-42 receive third and final reading. Carried. 18. Cheques for Payment/Direct Debit Re ig ster Moved by Councillor Fabian that Cheques #10683 - #10694, #10696 - # 10816, #10822 - #10824, #10828 - #10833 and #10836 - # 10905 in the amount of $473,533.06 and Direct Debit Register Batch # 6027 in the amount of $521.3, be approved for payment. Carried. June 6, 2002 Page 99 f r 19. Treasurer's Report -February 2002 Moved by Councillor Harbinson that we accept the February 2002 Treasurer's Report. Carried. 20. Post Agenda Items Systems Coordinator D. Crapo was in attendance for the following item. 1. Councillor Authorization to Add Additional Telephone Number for Fax Machine The Administrator circulated a form for each Councillor to sign to authorize the addition of another telephone number to their current phone line. This new number will be used for the fax machines that are being installed. The Systems Coordinator left the meeting at this time. 2. Palliser Economic Partnership -SuperNet Awareness Workshop ,~- Moved by Councillor Baksa that Council be permitted to attend the PEP SuperNet Awareness Workshop being held on June 12'" at the Brooks Legion. Carried. 21. Committee Reports Municipal Councillor Harbinson gave this report. Councillor Vermeeren declared a pecuniary interest, left the Council Chambers and returned to the chambers as a rate payer. Moved by Councillor Harbinson that we approve an amendment to Lease #18 to increase the term of the agreement to 15 years with a 3 year termination period. Carried. Councillor Vermeeren resumed participation in the meeting. Foothills Little Bow Municipal Association Councillor Loewen gave this report. ,-- June 6, 2002 Page 100 Councillor Fabian, Reeve Daniels and Councillor Baksa reported on the Electoral Boundaries meeting in Medicine Hat. Municipal Planning Commission Councillor Baksa gave this report. 02 NL 006 - NW IS-19-I7-W4 -Division 6 Hutterian Brethren of Lathom -Single Vacant Parcel Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 006 for the creation of a parcel to be used for a cemetery within the NW 15-19-17-W4 subject to the following conditions: 1. The registration of a caveat for the dedication of a 5-metre strip of land along the westerly boundary of both the proposed and remnant parcels for future road widening to be purchased at a rate this is consistent with County policy at that time. 2. 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. 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. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant reconfiguring the proposed parcel to square it off with the quarter section line thereby eliminating the panhandle. Moved by Councillor Moss that we amend the motion by eliminating condition 6 and indicating that, as this subdivision is for a cemetery only, an exception be made to allow the panhandle. Vote on amendment. Defeated. Vote on original motion. Carried. 02 NL 010 - Pt NW 18-2I-18-W4 -Division 6 Michael Steinbach -Applicant (M & L Farms Ltd - Ownerl -Non Agricultural Subdivision 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 ofroad approaches to the proposed and remnant parcels as required by the Public Works Department. 2. The land use amendment from LTF 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 with respect to the conveyance of water as well as easements. -' Jwne 6, 2002 Page 101 '"`' 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. 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. 6. The proposed subdivision encompassing the entire triangular parcel of land located within the NW 18-21-18-W4 north of the railroad tracks. Moved by Councillor Baksa that we table this motion. Carried. 3. Fee Schedule Moved by Councillor Baksa that the Variance to Land Use Bylaw fee be set at $200.00 in addition to the development permit fee. Carried. Excused from Meeting Councillor Moss excused himself from the meeting at 3:45 p.m. Moved by Councillor Loewen that we refund subdivision and development appeal fees to the appellant if the appellant is successful in the appeal. Carried. ~ .... 4. Prins, Joe & Arda - SE 1-19-15-W4 -Division 5 From Urban Fringe District to Highway Commercial District Moved by Councillor Baksa that Bylaw 1399-02, being a bylaw to re-zone a portion of the SE 1- 19-15-W4 from OF -Urban Fringe District to HWY C -Highway Commercial District, receive first reading. Carried. The Planner left the meeting at this time. Workshop 1. Emerson Park Area Fire Invoices Moved by Councillor Eckert that the County pay the Quickway Air invoice for the Emerson Park Area Fire from the Municipal Surplus Reserve and that a letter be sent Special Areas asking that they pay 50% of the invoice. Carried. Moved by Councillor Loewen that the County pay the Mobile Safety Services invoice for the Emerson Park Area Fire from the Municipal Surplus Reserve and that a letter be sent to Special !" Areas asking them to cost share an appropriate portion of the invoice. Carried. June 6, 2002 Page 102 Moved by Councillor Vermeeren that we reconsider the following motion: "Moved by Councillor Eckert that the County pay the Quickway Air invoice for Emerson Park Area Fire from the ,...a Municipal Surplus Reserve and that a letter be sent Special Areas asking that they pay SD% of the invoice." Carried. Moved by Councillor Harbinson that this motion be amended by deleting "that they pay SO% of the invoice" and replacing it with "them to cost share an appropriate portion of the invoice." Carried. 21. Question Period /Notice of Motion A question period was held. Moved by Councillor Fabian that all Councillors wishing to attend the elected officials symposium be permitted to do so. Carried. 22. Information Items 1. Newe114-H District Thank You Card 23. In Camera Moved by Councillor Pickett that we move in camera. Carried. Moved by Councillor Fabian that we move out of camera. Carried. 24. Adjourn Moved by Councillor Pickett that the meeting adjourn at 4:40 p.m. Carried. 0 REE ADMINISTRATOR June 6, 2002 Page 103 County of Newell No. 4 Minutes of Public Hearing June 6, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 6, 2002 commencing at 11:32 a.m. Members Present Reeve W. Daniels Councillors V. Fabian C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert 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 11:32 a.m. Applicant Whaley Mar was in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1391-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning a portion of the NW & SW 22-18-15-W4 from A -Agricultural District to I -Industrial 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 Whaley Mar presented information on this application. Mr. Mar indicated that now that the County's Area Structure Plan for Young Road has been completed he would like to proceed with a land use amendment for his property. `~' The Reeve asked if there was anyone else wishing to speak in favour of this bylaw. There was no one else wishing to speak in favour of the bylaw. Council was given the opportunity to question the applicant. Councillor Harbinson asked how far the subject property was from Lake Newell Resort. The applicant was given the opportunity to present further information. Council was given the opportunity for further questions. Councillor Loewen asked if the remainder of Section 22-18-15-W4 belonged to the Eastern Irrigation District. Councillor Vermeeren indicated that he would prefer that the proposed development go west rather than south. Councillor Moss wanted to know if smoke from the proposed asphalt plant would affect residents at Lake Newell Resort. Reeve Daniels and Councillor Eckert requested clarification on ownership of the adjacent land. There being no further discussion, it was moved by Councillor Harbinson that the Public Hearing adjourn at 11:41 a.m. Cazried. REEVE COUNTY ADMIl~TISTRATOR r .- ~"" County of Newell No. 4 Minutes of Public Hearing June 6, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 6, 2002 commencing at 2:00 p.m. Members Present Reeve W. Daniels Councillors V. Fabian C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert 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 2:00 p.m. There were no members of the public in attendance at this hearing. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1396-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning a portion of the SE 28-18-14-W4 from OF -Urban Fringe District to I -Industrial District. The Planner gave background on this application. Council was given the opportunity to ask questions of the Planner. The Administrator read a letter from the Town of Brooks indicating that although they had no objections to this development they did have some items that they wanted considered. Council was given the opportunity to comment. Councillor Harbinson commented on a discussion with the town in regard to this °~ matter. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 2:10 p.m. Carried. ~ ~~~ REEV COUNTY ADMINISTRATOR .-~ County of Newell No. 4 Minutes of Public Hearing June 6, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 6, 2002 commencing at 2:35 p.m. Members Present Reeve W. Daniels Councillors V. Fabian C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert 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 2:35 p.m. Applicant Dean Martin was in attendance at this hearing. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1397-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning a portion of the NW 19-18-14-W4 from OF -Urban Fringe District to LI -Light Industrial District. The Planner gave background on this application. Council was given the opportunity to ask questions of the Planner. 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 Dean Martin presented information on this application and circulated plans for the proposed subdivision. Council was given the opportunity to ask questions of the applicant. There were no questions. The Administrator read a letter from Karen & Thomas Hart expressing their concerns with regard to this land use amendment. The Planner read a letter from the Town of Brooks indicating that they had no objections to the land use amendment. The applicant was given the opportunity for rebuttal. Mr. Martin addressed the culvert and drainage issue that was referred to in the letter from Mr. & Mrs. Hart. Council was given the opportunity to ask questions of the appellant. Councillor Vermeeren expressed concern that blocking a natural flow could cause problems. Councillor Harbinson gave a brief history on the road and slough in question. Councillor Baksa indicated that these types of issues would be dealt with in the area structure plan when the parcel is subdivided. There being no further discussion, it was moved by Councillor Baksa that the Public Hearing adjourn at 2:52 p.m. Carried. Q .lam-E~., s~<< -~- EVE COUNTY ADMINISTRATOR