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Home My WebLink About2002-01-10 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting January 10, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, January 10, 2002 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert C. Baksa - Administrator A. Martens Recording Secretary P. Garrett 1. Excused from Meeting ,~- Moved by Councillor Harbinson that Councillor Pickett be excused from this meeting. Carried. 2. Minutes 1. Council Minutes -December 20, 2001 Minutes of the December 20, 2001 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as corrected. Carried: 2. Environmental Protection Order Review Minutes -December 20, 2001 Minutes of the December 20, 2001 Environmental Protection Order Review 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. 4. Adoption of A eg nda Moved by Councillor Vermeeren that we adopt the agenda as amended. Carried. January 10, 2002 Page 1 Business from Minutes 6-2 Foothills Little Bow Municipal Association -January 18, 2002 Meeting Councillor Eckert read an excerpt from an Ontario Corn Growers Association 2001Magazine. Moved by Councillor Musgrove that we develop a resolution regarding support for agriculture to present at the ASB Convention as an emergent resolution. Carried. A draft of the proposed resolution will be presented to Council for their approval prior to presentation at the conference. Correspondence 1. A.A.M.D.&C. -Electricity Aggregation A letter from Alberta Association of Municipal Districts and Counties, regarding Electricity Aggregation, was presented to Council. Moved by Councillor Loewen that we indicate to the A.A.M.D.&C. that we would participate in this program if it results in benefits to the County. Carried. 2. The Kidney Foundation of Canada -March Door-to-Door Campaign A letter from The Kidney Foundation of Canada, requesting permission to canvass during the month of March, was presented to Council. Moved by Councillor Fabian that we grant permission to The Kidney Foundation of Canada to conduct their March Door-to-Door Campaign within the County of Newell. Carried. Other Business 1. Meeting with Hon. Lorne Taylor Minister of Environment -February 12, 2002 It was the consensus of Council that those wishing to attend the meeting with the Hon. Lorne Taylor be allowed to do so. Items for discussion were: 1. Lack of consultation process on landfill and transfer station regulations 2. Impact of Fording Coal 3. The possibility of moving from the Calgary District to the Lethbridge District 4. Water - on river storage 5. Inspector qualifications 6. Issuance of new water licences 8. Post Agenda Items 1. Fording Coal - Dele ag tion This item will be dealt with In Camera. January 10, 2002 Page 2 Agricultural Fieldman Steve Wylie was in attendance to present information on the following two items. 2. ASB - 3/4 Ton Truck Tenders Moved by Councillor Baksa that we award the tender for the 3/4 ton 4X4 truck for ASB to Harwood Ford. Carried. 3. ASB - 6 Foot Rotary Mower Tenders Moved by Councillor Vermeeren that we award the tender for the 6 foot rotary mower for ASB to Evergreen Implements. Carried. The Agricultural Fieldman left the meeting at this time. 4. Public Works Light Truck Tenders Moved by Councillor Baksa that we award the tender for the 2 Public Works light trucks to Community GM. Carried. 5. Canada /Alberta Infrastructure -Sewer Main Line from Lake Newell Resort A letter from Canada /Alberta Infrastructure, denying funding for the above-noted project, was presented to Council for information. 6. Newell Foundation -Proposed Upgrade A letter from Newell Foundation, regarding the funding of their proposed upgrade to the Brooks senior's lodge was presented to Council. Moved by Councillor Harbinson that we send a letter of support to the Newell Foundation to accompany their grant application. Carried. Moved by Councillor Harbinson that we inform the Newell Foundation that we will consider co-signing the required loan on behalf of the Villages of Rosemary, Duchess and Tilley if requested to do so by the Villages. Carried. 9. Public Hearing - Pt. SW 21-19-14-W4 -Division 10 CR - Countr~Residential District to MHP- Mobile Home Park District Moved by Councillor Vermeeren that we'recess for the Public Hearing at 11:02 a.m. Carried. ~•-~ The meeting reconvened at 11:28 a.m. January 10, 2002 Page 3 10. Bylaw 1372-01 Moved by Councillor Harbinson that Bylaw 1372-01, being a bylaw to amend Land Use Bylaw #1004-90 to re-zone a portion of SW 21-19-14-W4 from CR -Country Residential District to MHP -Mobile Home Park District, by way of survey plan for the land currently being used for mobile homes, receive second reading. Moved by Councillor Eckert that we postpone this motion. Carried. Post Agenda Items (cont'd) 6. Bantry Bay Estates Area Structure Plan Dennis Blain and Orval Shantz, legal counsel for Mr. Blain, were in attendance to present information on this Area Structure Plan. Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Loewen that Bylaw 1371-O1, being a bylaw to adopt the Bantry Bay Estates Area Structure Plan, receive first reading." Carried. Moved by Councillor Fabian that we table this motion. Carried. Lunch Council recessed for lunch from 12:00 noon to 1:10 p.m. Bylaw 1372-01 (cont'd) Vote on postponed motion which reads: "Moved by Councillor Harbinson that Bylaw 1372-01, being a bylaw to amend Land Use Bylaw #1004-90 to re-zone a portion of SW 21-19-14-W4 from CR -Country Residential District to MHP -Mobile Home Park District, by way of survey plan for the land currently being used for mobile homes, receive second reading." Defeated. Post Aeenda Items (cont'd) 7. South Saskatchewan River Basin -Open House Councillor Vermeeren indicated that he felt it was important that the County of Newell have representation at a South Saskatchewan River Basin Open House. Council agreed that representation at an Open House was important and a number of Councillors will attend the Brooks Open House. Discussion was held on the possibility of either changing the date of the next Agricultural Service Board meeting or cancelling it altogether. January 10, 2002 Page 4 -^ 8. Councillor Pa~Stubs Councillor Musgrove expressed concern that Councillors have employee numbers assigned to them on their pay stubs when they are not, in fact, County employees. 11. Committee Reports Municipal Councillor Harbinson gave this report. flaw 1374-02 -Speed Limits Moved by Councillor Baksa that Bylaw 1374-02, being a bylaw to set various speed limits within the County of Newell, receive first reading. Carried. Moved by Councillor Loewen that Bylaw 1374-02 receive second reading. Moved by Councillor Eckert that Clausel0 be amended to change 100 km per hr to 80 km per hr. Vote on amendment. Carried. Moved by Councillor Moss that Clause 10 be amended to change 70 km per hr to 50 km per hr and 700 metres to 1100 metres. Moved by Councillor Loewen that we table this motion. Carried. 12. In Camera Moved by Councillor Musgrove that we move in camera. Carried. Moved by Councillor Eckert that we move out of camera. Carried. Committee Reports (cont'd) 911 Councillor Baksa gave this report. Moved by Councillor Baksa that we donate $2.00 per capita to the 911 Association in 2002. Moved by Councillor Musgrove that this motion be tabled. Carried. Municipal Planning Commission County Planner M. Cui was in attendance for the Municipal Planning Commission items. Councillor Baksa gave this report. ,~^- .... January 10, 2002 Page S 1. Bantry Bay Estates Area Structure Plan This item was dealt with earlier in the meeting. Left Meeting Councillor Eckert left the meeting at 4:07 p.m. 2. O1 NL 035 - Pt.1VW 14-17-13-W4 -Division 2 Onda. George - Asricultural Subdivision Moved by Councillor Baksa that we recommend to the Inter Municipal Planning Commission approval of Subdivision Application O 1 NL 035 for an agricultural subdivision in a Portion of the NW 14-17-13-W4 subject to the following conditions: 1. The registration of a deferred municipal reserve caveat against the southerly parcel of NW 14-17-13-W4 containing 7.8 acres of land. 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. 2. The registration of a caveat for the dedication of a 5-metre strip of land along the westerly boundary of the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent with County policy at that time 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 meeting the following Eastern Irrigation District requirements: '~" 1. All "irrigation acres" «~ithin the proposed lot containing 10 acres (more or less) shall be removed from the water roll of the District. 2. The applicant entering into a household purposes agreement with the District for this 10 acre lot. The water shall be used for household purposes only as defined in the Irrigation Districts Act. 3. The applicant providing a registrable easement for the District's drain and canal which physically divides this quarter into three distinct areas. The rights of way for these District's works will most likely be the boundaries for the proposed parcels. 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. Left Meeting Councillor Fabian left the meeting at 4:10 p.m. Vote on motion. Carried. January 10, 2002 Page 6 ~ Inter-Municipal Planning Commission No report. Left Meeting Councillor Baksa left the meeting at 4:12 p.m. 13. Ouestion Period /Notice of Motion A question period was held. Moved by Councillor Loewen that the January 22, 2002 Agricultural Service Board meeting be cancelled. Carried. Returned to Meeting Councillor Fabian returned to the meeting at 4:13 p.m. 14. Information Items 1. Mini Bus Reports -October & November %1 2. Tire Recycling Management Association of Alberta -Plaque 15. Adjourn Moved by Councillor Moss that the meeting adjourn at 4:14 p.m. Carried. REEVE ADMINISTRATOR January 10, 2002 Page 7 ~ i ~_ County of Newell No. 4 Minutes of Public Hearing January 10, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, January 10, 2002 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert C. Baksa Administrator A. Martens Planner M. Cui Recording Secretary P. Garrett The Reeve opened the Public Hearing at 11:00 a.m. i- Marg Jensen, applicant; Ray Grimson, Lakeside Industries and Ken Lutes, legal counsel for Lakeside Industries were in attendance at this hearing. ~~ The Reeve advised those present of the procedure that would be followed for the hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1372-01 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning a portion of the S W 21-19-14-W4 from CR -Country Residential District to MHP -Mobile Home Park District. The Planner gave background on this application. The Reeve asked for representation from the applicant on this proposal. Applicant Marg Jensen presented information on this application. Mrs. Jensen indicated that the application to change from Country Residential District to Mobile Home Park District was initiated to legalize the current use of this property. .~- Council was given the opportunity to question the applicant. Councillor Vermeeren asked if Mrs. Jensen's house would be included in this land use change. 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. Ken Lutes, legal counsel for Lakeside Industries, spoke in opposition to the bylaw. Mr. Lutes addressed the following concerns: - If, as indicated, the land use change is applied to only that portion of land that is currently being used for mobile homes and this land is subdivided from the remainder of the parcel, the remnant parcel at the back of the property would be land locked. - There are environmental concerns to be considered against this proposal. - The applicant has already threatened to sue Lakeside Industries due to effluent being pumped onto the property west of the proposed site. - Allowing more people onto this site would cause more problems for Lakeside. - The Municipal Development Plan of the County of Newell stresses the need to protect agriculture. - If this change is allowed, the County would be rewarding the applicant for not going by the book. - It doesn't make sense to have a Mobile Home Park in this area. - We need to protect and continue to protect agriculture. - If the change to Mobile Home Park is allowed, more intensive development of the parcel could happen as it would then be a permitted use. Mr. Grimson, Lakeside Industries, spoke in opposition to the bylaw. He addressed the following items: - It is not the intention of Lakeside to stand in the way of development. - There is deteriorating good will toward Lakeside. They are trying to retain and build on what good will there is. - Lakeside needs to be more vocal in making people aware of their operations. - Lakeside is trying to avoid conflict with other developments. Council was given the opportunity to question Mr. Lutes and Mr. Grimson. Councillor Musgrove asked if Lakeside had a license to pump the effluent and if this license was contested. Mr. Grimson indicated that yes they had a license to pump the effluent and yes it was contested. Councillor Vermeeren asked if there were quality control regulations for the pumping of ~ effluent. Mr. Grimson indicated that there are quality control regulations and they are being followed. Councillor Baksa asked if Lakeside had a problem with the development that is currently in place at this site. Mr. Grimson indicated that, currently, there is not a problem with the existing development. He further indicated that had they been able to co-exist harmoniously, they would not be objecting to the land use change but there have been problems in the past. Councillor Eckert asked if the MDS had been met. Councillor Baksa indicated that it had. The applicant was given the opportunity for rebuttal. Mrs. Jensen indicated that there hasn't been a new mobile home installed onto the proposed site in the last ten years. Council was given the opportunity to ask questions of Mrs. Jensen. ,•- Councillor Fabian stated that right to farm legislation could be implemented in the future. He asked Mrs. Jensen if she would be prepared to sign a document regarding the right to farm. Mrs. Jensen indicated that the number of mobile homes would not be increased from four as the soil conditions would not handle any more development. The Reeve asked if there were further questions or concerns. There being no further discussion, it was moved by Councillor Harbinson that the Public Hearing adjourn at 11:28 a.m. Carried. ~~ ` REEV COUNTY ADMINIST