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HomeMy WebLinkAbout2003-12-18 Council (Regular) Minutesc~ r r"''~' County of Newell No. 4 Minutes of Council Meeting December 18, 2003 1. The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 18, 2003 commencing at 10:00 a.m. Members Present Excused from Meeting Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Recording Secretary P. Garrett No members asked to be excused from this meeting. 2. Minutes 1. Council Minutes -November 27, 2003 Minutes of the November 27, 2003 meeting were presented. Moved by Councillor Harbinson that we adopt the minutes as amended. Carried. 2. Public Hearings -November 6, 2003 Minutes of the two November 6, 2003 Public Hearings were presented. Moved by Councillor Moss that we adopt the minutes as presented. Carried. December 18, 2003 Council Page 229 C`~ 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of Agenda Moved by Councillor Musgrove that we adopt the agenda as amended. Carried. 5. Assistant Administrator's Report The Assistant Administrator presented his report for November to Council. Moved by Councillor Fabian that we accept this report. Carried. 6. Administrator's Report The Administrator presented his report for November to Council. Moved by Councillor Musgrove that we accept this report. Carried. 7. Business From Minutes ~ ~ ~ ,....,.' 1. Newell Foundation Moved by Councillor Moss that the following motion be lifted from the table: "Moved by Councillor Moss that we support an alternate funding method for senior's lodges". Carried. Vote on motion. Defeated. 2. Brooks Museum This item was not lifted from the table. December 18, 2003 Council Page 230 L6 ~" 8. Correspondence 1. George Durnford -Counter Offer to Purchase - Lots 9 & 10 Block 6 Plan 1217 BA (Patricia A letter from George Durnford, with a counter offer of $2,500.00 to purchase Lots 9 & 10, Block 6, Plan 1217BA, was presented to Council. Moved by Councillor Musgrove that we counter the Offer to Purchase for Lots 9 & 10, Block 6, Plan 1217 BA in Patricia at $3,000.00 and that we send a letter to Mr. Durnford explaining our position on this matter. Carried. 2. Alcoma Communi Library- Request for Utility/Technolo~v Grant A letter from Alcoma Community Library, requesting the Utility/Technology Grant, was presented to Council. Moved by Councillor Vermeeren that we give the $1,200.00 Utility/Technology grant annually to members of the Municipal Library Board and eliminate the need for the libraries to apply for this grant. Carried. 3. Brooks Public Library -Request for Utility/Technolo~y Grant /'~ A letter from Brooks Public Library, requesting the Utility/Technology Grant, was presented to Council. This item was dealt with in the previous motion. 4. Brooks Campus Residence Fundraising Committee - Reauest for Donation A letter from Brooks Campus Residence Fundraising Committee, requesting participation in their "One Brick at a Time" fundraiser, was presented to Council. The Administrator reported that, at the February 2003 Workshop Session, Council agreed to purchase 10 bricks but that they had not yet been purchased. 5. Young Parkvn McNab - 2003 Year End Audit A letter from Young Parkyn McNab, regarding the 2003 Year End Audit, was presented to Council. Moved by Councillor Eckert that we approve the Young Parkyn McNab engagement letter. Carried. December 18, 2003 Council Page 231 ~~ 6. John Dell -Cancellation of 2003 Taxes -Roll #548000 - Pt. SW 21-15-15-W4 A memo from Assessor John Dell, regarding the cancellation of a portion of the taxes for Roll #548000, was presented to Council. Moved by Councillor Vermeeren that we cancel taxes, in the amount of $65.15, for machinery and equipment inadvertently assessed to Roll #548000. Carried. 9. Cheques for Payment Moved by Councillor Fabian that Cheques #14331, #14333 - #14347, #14352 - #14353, #14355 - #14471, #14473 - #14475, #14477 - #14520 and #14521, in the amount of $1,545,567.40, and Direct Debit Register Batches #7490 and #7516, in the amount of $141,125.27, be approved. Carried. 10. Other Business 1. Date for NRCB Workshop A date for a workshop with NRCB will be set after the sitting of the Spring Legislature to allow for any changes that maybe made to AOPA. Finance Officer S. Shigehiro was in attendance for the following items. 2. 2004 Interim Operating Budget Councillor Eckert asked to have it noted that he felt the laser should be put back into the Public Works Capital Budget. Moved by Councillor Musgrove that we adopt the 2004 Interim Operating Budget as presented. Carried. 3. 2004 Capital Budget Moved by Councillor Vermeeren that we adopt the 2004 Capital Budget as presented. Carried. The Finance Officer left the meeting at this time. December 18, 2003 Council Page 232 C~ ~'' 4. 2004 Capital Tenders A. ASB Agricultural Fieldman S. Wylie was in attendance to present the ASB capital equipment tender results. Moved by Councillor Fabian that we approve the purchase of one 1 ton 4X4 truck from Renfrew Chrysler for an amount of $40,893.06, plus the addition of power door locks, as recommended by the Agricultural Fieldman. Carried. Moved by Councillor Harbinson that we approve the purchase of one 10 foot rotary mower from Frank Flaman Sales Ltd. for a total amount of $7,161.37 with the trade in of the old mower and hitch, as recommend by the Agricultural Fieldman. Carried. Moved by Councillor Loewen that we approve the purchase of one off-set Degelman Hitch from Green Power for a total amount of $14,317.00, as recommend by the Agricultural Fieldman. Carried. The Agricultural Fieldman left the meeting at this time. B. Public Works Superintendent of Public Works E. Somerville was in attendance to present the Public Works capital equipment tender results. Moved by Councillor Eckert that we approve the purchase of two CAT graders from Finning, one with a ripper at $331,431.00 and one without a ripper at $316,769.00, as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Moss that we approve the purchase of one CAT soil compactor from Finning for the amount of $344,759.00, as recommended by the Superintendent of Public Works. Carried. December 18, 2003 Council Page 233 C~ Moved by Councillor Harbinson that we approve the purchase of one CAT pneumatic - compactor from Finning, for the amount of $88,619.00, as recommended by the t' Superintendent of Public Works. Carried. Moved by Councillor Fabian that we approve the purchase of one body job and box from Peterbilt, for an amount of $116,964.00, as recommended by the Superintendent of Public Works. Carved. Moved by Councillor Loewen that we approve the purchase of one Tenco plow and sander from Fort Garry Industries, for $52,713.00, as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Daniels that we approve the purchase of one Tahoe from Murray Chev for the amount of $39,163.00, as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Vermeeren that we approve the purchase of four Dodge 4x4 light trucks from Chinook Chrysler, for $31,374.99 each, as recommended by the Superintendent of Public Works. Carried. i Moved by Councillor Pickett that we approve the purchase of one generator set from Frontier for $16,900.00, as recommended by the Superintendent of Public Works. Carried. The Superintendent of Public Works left the meeting at this time. 11. Post Agenda Items 1. Environmental Farm Plan Moved by Councillor Loewen that we meet on March 9`h to complete the preparation of the Environmental Farm Plans. Carried. December 18, 2003 Council Page 234 C~ /"' 12. Committee Reports Municipal Superintendent of Public Works E. Somerville was in attendance for the following item. 1. Alberta Community Development, Parks & Protected Areas Division - Posted Sneed Limit at Entrance to Dinosaur Provincial Park Moved by Councillor Vermeeren that Bylaw 1445-03, being a bylaw to set various speed limits within the County of Newell, receive first reading. Moved by Councillor Musgrove that we table this motion. Carried. The Superintendent of Public Works left the meeting at this time. A.S.B. Councillor Loewen gave this report. Newell Foundation Councillor Moss gave this report. Salary Ne ot~g Committee No report. Assessment Review Board No report. Airport Commission No report. December 18, 2003 Council Page 235 C~ Disaster Services - No report. Municipal Library Board No report. Shortgrass Library S,, stem Councillor Moss gave this report. Foothills Little Bow Association No report. Municipal Budget Committee No report. ~` Subdivision and Development Appeal Board No report. Workshop Session 1. Ambulance Requisition No motion was brought forward from the Workshop Session. Brooks & District Ambulance Association No report. 9-1-1 No report. `- December 18, 2003 Council Page 236 ~'" Newell Regional Solid Waste Management Authority Councillors Daniels and Fabian gave this report. Lunch Council recessed for lunch from 11:37 a.m. to 1:08 p.m. 13. In Camera Moved by Councillor Moss that we move in camera. Carried. Moved by Councillor Moss that we move out of camera. Carried. Committee Reports (cont'd) Planner T. Henry and Development Officer P. Urban were in attendance for the following items. Municipal Planning; Commission Reeve Baksa gave this report. 1. Dele ate A. Mar Industrial Area Structure Plan - Bylaw 1446-03 Doug Mar was in attendance to present information on this item. Moved by Councillor Musgrove that Bylaw 1446-03, being a bylaw to adopt the Mar Industrial Area Structure Plan, receive first reading. Carried. B. Evergreen Industrial Area Structure Plan - Bvlaw 1447-03 Ron Switzer, of Olympia Engineering, was in attendance to present information on this item. Moved by Councillor Musgrove that Bylaw 1447-03, being a bylaw to adopt a new Evergreen Industrial Area Structure Plan, receive first reading. Carried. December 18, 2003 Council Page 237 cry 2. Old Items A. Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC Annlicant: BiBigelow, Dean -Owner: 95778 Alberta Ltd. -Division 5 This item was not lifted from the table. B. By-law 1427-03 -Bantry Bay Land Use Amendment This item was not lifted from the table. C. Bylaw 1443-03 -Land Use B, Moved by Councillor Moss that Bylaw 1443-03, being a bylaw to adopt a Land Use Bylaw for the County of Newell No. 4, receive third and final reading. Moved by Councillor Loewen that the Land Use Bylaw be amended as follows: A. Additional Land Use Map Changes as follows: a) inclusion of a legend b) Division 3, Hamlet of Patricia: a portion of land was not designated PO - Public/Semi-Public Open Space c) Division 5, Sheet 2, #10: shifted LI area to reflect approved bylaw d) Division 5, Sheet 8, #39: incorrect legal e) Division 5, Sheet 8, #41: incorrect area show as LI f) Division 8, Sheet 3, #14: deleted, renumbered #15 to #14 due to deletion g) Division 10, Sheet 2, #10: added further subdivisions for Johnson Farms h) Division 10, Sheet 5, #29: corrected CR2 area B. Amend Vision Statement to read: "Working together we strive to Guide Viable Growth and Sustainability, using the Past and the Present, to Build the Future for our People and our Land." C. Delete the following sentence from Section 19(1) -Development Deemed Approved: "The following developments shall not require a development permit provided that such development complies with all applicable provisions of this Bylaw". D. Add the following to Section 20(1) -Development Deemed Approved: "(~ For an agricultural building that lies within an Urban Referral Area or Hamlet." E. Add to Schedule B -Home Occupation -Minor: "6. The maximum gross floor area of the Home Occupation -Minor may not exceed 50% of the primary structure. The Home Occupation -Minor may not be conducted within an accessory building;" F. Amend #8 of Schedule B -Home Occupation -Minor to add: "SO% outlined in number 6". December 18, 2003 Council Page 238 GB ~` G. Add the following new #1 to Section 28 - Validity of Development Permits: "A development permit does not take effect until 14 days after the publication in a newspaper circulating in the County of the decision on a development application. No development shall commence until this 14-day period has elapsed." H. Add the following to Section 30 -Public Notification -Development Permits: "(1) Within 10 working days after a development permit is approved, the Development Officer shall cause to be published in a local newspaper a notice stating the locations of the property for which the application has been approved and the use to be made of the land. (2) Adjacentpropertynwners of a site for which a discretionary use has been applied for or for an application for a variance or relaxation to the Land Use Bylaw, will be notified in writing of the application. (4) Adjacent landowners of a discretionary use or for an application for a variance or relaxation to the Land Use Bylaw will also be sent a written notification of the decision within 5 working days after a decision has been made." Vote on amendment. Carried. Moved by Councillor Vermeeren that #1 of Schedule H of the Land Use Bylaw be amended to read as follows: "In any residential district, the total number of dogs per ~"' household shall not exceed 3;" Vote on amendment. Carried. Vote on motion as amended. Councillor Loewen requested a recorded vote. For Division 1 Division 2 Division 3 Division 4 Division 5 Division 6 Division 9 Division 10 Opposed Councillor Daniels Councillor Fabian Councillor Musgrove Councillor Vermeeren Councillor Harbinson Councillor Moss Councillor Pickett Reeve Baksa Division 7 Councillor Loewen Division 8 Councillor Eckert Carried. Councillor Moss extended thanks to the Planner and the Development Officer for the work they did on getting this bylaw completed. ,.... December 18, 2003 Council Page 239 ~~ 3. New Items A. Permit #2575 -Plan 9310544, Block 1, Lot 1 (NE 19-15-15-W4) Division 4 County of Newell No. 4 (Owner) Bow Slope Rural Fire Association (Applicant) Moved-In Building Storage of Emer eg_ncv Response Vehicle Moved by Councillor Musgrove that we grant permission for amoved-in building to be located on County owned land at Plan 9310544, Block 1, Lot 1 (within the NE 19- 15-15-W4) for the purpose of emergency response vehicular storage. Carried. B. Permit #2577 - NE 29-16-13-W4 -Division 2 Flatla, Dale (Owner/Applicant) Auto Wreckage Site Moved by Councillor Musgrove that we classify this use as an "Auto Wreckage Site" being a discretionary use within the DC -Direct Control District and that approval be granted for Development Permit Application #2577 for an auto wreckage site with residence and office, containing 41.54 acres, within NE 29-16-13-W4, where the following are required prior to commencement of construction and issuance of this permit: a) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. b) The developer entering into a Rural Water Use Purposes Agreement with the ,. Eastern Irrigation District and providing evidence of this agreement. c) The developer, prior to approval, ensuring there is no stacking of vehicles. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 69 of Land Use Bylaw #1004-90 pertaining to the DC -Direct Control District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Rear *40 m **3 m **3 m * Minimum distance to be maintained from the centreline ofpublic roadways or secondary highways ** Minimum distance•to be maintained from property lines 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 6. The developer ensuring materials, supplies and equipment are stored on the property and not on the public roadway. ,, -~ December 18, 2003 Council Page 240 i" 7. The developer ensuring the continuous clean up of debris tracked onto the public roadway where access is provided to the property. 8. The developer ensuring this development is located as shown on the site plan submitted on November 28, 2003, any changes to that plan shall require the written approval of the Development Officer. 9. This permit is being granted only for the development of an auto wreckage site, including a residence and office, shop and metal dry storage building, within the NE 29-16-13-W4, any additional development shall require prior approval of a separate permit application. 10. The developer ensuring there is proper disposal of sewage and waste from this use. 11. The developer ensuring an adequate supply of water is provided for this use. 12. The developer ensuring access can be provided for Emergency Services vehicles to all sides of the buildings. 13. The developer ensuring there is proper and legal access provided to the property. 14. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 15. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 16. The developer ensuring all outdoor garbage containers are covered and screened from the public roadways. ~" 17. The developer ensuring adequate parking space is available for this use. 18. The developer ensuring that an appropriate form of dust suppression is maintained at this site. 19. The developer ensuring adequate screening of the perimeter of the property is maintained, to the satisfaction of the County Council, with the planting of trees on three sides. 20. The developer addressing, to the satisfaction of Alberta Environment, any concerns put forward by Alberta Environment. 21. There being no stacking of vehicles. Carried. C. Permit #2584 - NE 29-16-13-W4 -Division 2 Flatla, Dale (Owner/Applicant) Moved-In Buildings -Accessory Use Moved by Councillor Harbinson that we classify the "Moved-in Buildings" as "Accessory Buildings" being a discretionary use within the DC -Direct Control District and that approval be granted for Development Permit Application #2584 for the development of a moved-in building, being a 1978 mobile home, and the existing 3,600 ft2, open ended building, all for the purposes of general storage, within NE 29-16-13-W4, where the following must be met prior to issuance of ~" this permit: December 18, 2003 Council Page 241 G (~ a) the developer removing the three additional trailer units within six months. b) the developer ensuring that adequate screening of the portions of the building and compound area is complete with wood or chain link fence, with privacy slats, as follows: i. Commencing at the southeast corner of the existing open ended building, south 45 ft. to the southeast corner of the compound and the west 80 ft. to the southwest corner of the compound as indicated in Schedule "A". ii. All this work shall be done, to the satisfaction of County Council, within six months from the date of approval. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 69 of Land Use Bylaw #1004-90 pertaining to the DC -Direct Control District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Rear *40 m **3 m **3 m * Minimum distance to be maintained from the centreline of public roadways or secondary highways ** Minimum distance to be maintained from property lines 4. The proposed development complying with the Alberta Building Code where -~ applicable. 5. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 6. The developer ensuring materials, supplies and equipment are stored on the property and not on the public roadway. 7. The developer ensuring the continuous clean up of debris tracked onto the public roadway where access is provided to the property. 8. The developer ensuring this development is located as shown on the site plan submitted on November 28, 2003, any changes to that plan shall require the written approval of the Development Officer. 9. This permit is being granted only for the development of a moved in 1978 mobile home, existing 3,600 ft2 building with three additional trailer units, for the purposes of general storage, within the NE 29-16-13-W4, any additional development shall require prior approval of a separate permit application. 10. The developer ensuring there is proper and legal access provided to the property. 11. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. Defeated. December 18, 2003 Council Page 242 '~ Moved by Councillor Loewen that we classify the "Moved in Buildings" as "Accessory Buildings" being a discretionary use within the DC -Direct Control District and that approval be granted for Development Permit Application #2584 for the development of a moved in building, being a 1978 mobile home, the existing 3,600 ftz open ended building and the three additional trailer units, all for the purposes of general storage, within NE 29-16-13-W4, where the following must be met prior to issuance of this permit: a) the developer ensuring that adequate screening of the portions of the building and compound area is complete with wood or chain link fence, with privacy slats, as follows: i) Commencing at the southeast corner of the existing open ended building, south 45 ft. to the southeast corner of the compound and the west 80 ft. to the southwest corner of the compound as indicated in Schedule "A". ii) All this work shall be done, to the satisfaction of County Council, within six months from the date of approval. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 69 of Land Use Bylaw #1004-90 pertaining to the DC -Direct Control District. 3. The developer ensuring the following setbacks are maintained for the proposed development: ''~ Front Side Rear *40 m **3 m **3 m * Minimum distance to be maintained from the centreline ofpublic roadways or secondary highways ** Minimum distance to be maintained from property lines 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 6. The developer ensuring materials, supplies and equipment are stored on the property and not on the public roadway. 7. The developer ensuring the continuous clean up of debris tracked onto the public roadway where access is provided to the property. 8. The developer ensuring this development is located as shown on the site plan submitted on November 28, 2003, any changes to that plan shall require the written approval of the Development Officer. 9. This permit is being granted only for the development of a moved in 1978 mobile home, existing 3,600 ftZ building with three additional trailer units, for the purposes of general storage, within the NE 29-16-13-W4, any additional development shall require prior approval of a separate permit application. 10. The developer ensuring there is proper and legal access provided to the property. ~^ December 18, 2003 Council Page 243 c~ 11. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. Carried. `~ Recess Council recessed from 3:00 p.m. to 3:05 p.m. D. 03 NL 013 - Pt. LSDs 10 & 11 & NW 29-20-14-W4 -Division 8 Wiens, David & Elsie (Owners) Wiens, David (Applicant) Subdivision of an Urban Fringe Parcel Moved by Councillor Musgrove that we recommend to the Subdivision Approving Authority approval of Subdivision Application 03 NL 013 for the subdivision of an Urban Fringe Parcel within portions of LSDs 10 & 11 and the NW 29-20-14-W4 subject to the following conditions: 1. The applicant consolidating this parcel with the 1.36 acre parcel on LSD 10. 2. All oil and gas company leases, rights-of--way and Board Orders being carried forward when the subdivision mylar is registered at Land Titles Office. 3. The applicant providing easements to franchise utilities for 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. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. 5. All outstanding municipal taxes being paid prior to endorsement. 6. A11 irrigated acres being removed from this property. Carried. E. 03 LUA 009 -Plan 9310398, Block 1 (NW 5-19-15-W4) Division 5 Bergen, Robert & Linda (Owners) Bergen, Robert (Applicant) Re-designation of 5.8 Acres to Country Residential 2 Moved by Councillor Musgove that Bylaw 1444-03, being a bylaw to re- designate aportion ofBlock 1, Plan 9310398 (within theNW 5-19-15-W4) from CR -Country Residential District to CR2 -Country Residential 2 District, receive first reading. Carried. Urban Fringe Committee Councillors Harbinson, Loewen, Vermeeren and Reeve Baksa gave this report. _..% December 18, 2003 Council Page 244 I I I I \/~~j ' C,ii The Planner and Development Officer left the meeting at this time. Road Ban Committee No report. Grievance Committee No report. College Advisory Committee No report. Red Deer River Basin Advisory Committee No report. ,~"' Bow River Basin Advisor~Committee Councillor Vermeeren gave this report. Bow River Council Councillor Vermeeren gave this report. F.C.S.S. Board No report. Palliser Economic Partnership Councillor Daniels gave this report. December 18, 2003 Council Page 245 Regional Services Councillor Musgrove gave this report. Partners in Tourism Councillor Musgrove gave this report. Eat Canadian Campaign Committee Councillors Moss, Musgrove and Loewen gave this report. 14. Question Period/Notice of Motion A question period was held. Excused from Meeting Councillor Vermeeren excused himself from the remainder of the meeting at 3:40 p.m. 15. Information Items 1. Safety Committee Minutes 2. Mini Bus Report -November 3. The Newe114-H District Council & Clubs -Thank You Card 4. Red Deer County -Thank You Card 16. Ad'ourn The Reeve declared the meeting adjourned at 3:41 p.m. C~~rx~ REEVE ADMINISTRATOR December 18, 2003 Council Page 246