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Home My WebLink About2003-04-10 Council (Regular) Minutes,~.. County of Newell No. 4 Minutes of Council Meeting April 10, 2003 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 10, 2003 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen E. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama '~` Recording Secretary P. Garrett ~- 1. Excused from Meetins All members were in attendance at this meeting. 2. Minutes 1. Council Minutes -March 20.2003 Minutes of the March 20, 2003 meeting 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 Fabian that we adopt the agenda as amended. Carried. April 10, 2003 Council Page 65 5. Business from Minutes 1. Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC Annlicant: Bigelow, Dean -Owner: 985778 Alberta Ltd. -Division 5 This item was not lifted from the table. Planner T. Henry was in attendance for the following items. 6. Delegation -Wendell Rommens, Dwight Pierson & Tim Lelek -Subdivision 02 NL 033 Wendell Rommens, Dwight Pierson and Tim Lelek were in attendance to present information on Subdivision Application 02 NL 033. Business from Minutes (cont'd) 2. 02 NL 033 - NE 16-18-16-W4 -Division 5 Pierson, Dwight & Cheryl -Farmstead Separation The following motion was outstanding from the March 20~' Council meeting: "Moved by Councillor Baksa that we recommend to the Subdivision ApprovingAuthority that Subdivision Application 02 NL 033 for a farmstead separation within the NE 16-18-16-W4 be denied as this subdivision could have a detrimental effect on future expansion of existing agricultural operations adjacent to the subject property. " This motion had been referred back to the Municipal Planning Commission to be considered as a 9.9 acre subdivision. Councillor Baksa reported that the Municipal Planning Commission reviewed this application and still recommended denial of the subdivision. Moved by Councillor Baksa that this motion be tabled. The Reeve asked for consent for each Councillor to be allowed to speak one time on the tabling motion. There was not unanimous consent for this request. Vote on tabling motion. Carried. 7. ReQorts Municipal Planning Commission Councillor Baksa gave this report. April 10, 2003 Council Page 66 03 NL 001 - NW 15-15-13-W4 -Division 1 Kern, Frank & Margarete -Farmstead Separation Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 03 NL 001 for a farmstead separation within the NW 15- 15-13-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 the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent with County policy at that time. 2. 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. 3. 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. 4. 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. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water, as well as easements. 6. All outstanding municipal taxes being paid prior to endorsement. 7. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing a copy of this agreement to the County. Carried. ,r- Public Hearing - Pt. SW 25-18-15-W4 -Division 5 Strach. Robert & Elsie -From OF -Urban Fringe District to LI - Light Industrial District Moved by Councillor Harbinson that we recess for the Public Hearing at 11:00 a.m. Carried. Council reconvened at 11:06 a.m. 9. Bylaw 1420-03 Moved by Councillor Baksa that Bylaw 1420-03, being a bylaw for the re-designation of a portion of the SW 25-18-15-W4 from OF -Urban Fringe District to LI -Light Industrial District receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1420-03 receive third and final reading. Carried. April 10, 2003 Council Page 67 Municipal Planning Commission (con't) 2. Bantry Bay - Pt. SW 5-18-14-W4 -Division 5 Applicant: Redelback, Ron -Owner: Redelback, Elizabeth From A - A.~ricultural District to MHP -Mobile Home Park District Moved by Councillor Baksa that Bylaw 1427-03, being a bylaw to re-designate a portion of the SW 5-18-14-W4 from A -Agricultural District to MHP -Mobile Home Park District, receive first reading. Carried. 3. Lake Newell Resort Area Structure Plan This item will be dealt with during the Delegation of Jamal Ramjohn, Jeet Shergill and Rod Potrie at 2:00 p.m. 4. Applicant: Sewall, Cliff- Pt. SE 30-18-14-W4 -Division 5 From LI -Light Industrial District to DC -Direct Control District Moved by Councillor Baksa that Bylaw 1429-03, being a bylaw to re-designate a portion of the SE 30-18-14-W4 from LI -Light Industrial District to DC -Direct Control District receive first reading. Carried. 10. Public Hearing - Pt. NE 34-18-15-W4 -Division 5 Wenner Mike - From A -Agricultural District to LI - Light Industrial District Moved by Councillor Baksa that we recess for the Public Hearing at 11:33 a.m. Carried. ~~ _ Council reconvened at 11:42 a.m. 11. Bylaw 1421-03 Moved by Councillor Harbinson that Bylaw 1421-03, being a bylaw for the re-designation of a portion of the NE 34-18-15-W4 from A -Agricultural District to LI -Light Industrial District, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1421-03 receive third and final reading. Carried. April 10, 2003 Council Page 68 Municipal Planning Commission (cont'd) 5. 02 NL 029 - NW 19-18-14-W4 -Division 5 Applicant: Switzer, Ron -Owner: Martin, Dean To Create 9 Industrial Lots Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 029 for the creation of 9 industrial lots to be located within the NW 19-18-14-W4 subject to the following conditions: 1. 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. 2. At the time of applying for a development permit, a geotechnical report being required for that specific lot. 3. 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. 4. 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. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water, as well as easements. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 7. All outstanding municipal taxes being paid prior to endorsement. 8. 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. The development agreement shall include, but not be limited to, elements that address the construction of roads and approaches as well as water lines and other services. 9. The applicant providing municipal reserve in the form of a deferred reserve caveat to be registered against NW-19-18-14-W4. The amount required for the deferred reserve is the area shown in the Martin Industrial Area Structure Plan. 10. The Martin Industrial Area Structure Plan being adopted. 11. A landowners' association being established or a restrictive covenant being registered against the proposed properties assigning the responsibility for the maintenance of the water lines and municipal reserves to the landowners. Carried. The Planner left the meeting at this time. Unanimous consent was given to proceed to Other Business Item -Road Ban Committee. April 10, 2003 Council Page 69 12. Other Business 1. Road Ban Committee -Appointment of Councillor The Reeve asked for nominations or volunteers for appointment to the Road Ban Committee. Moved by Councillor Vermeeren that Councillor Loewen be appointed to the Road Ban Committee. Carried. Excused from Meeting Councillor Baksa excused herself from the remainder of the meeting at 11:56 a.m. Superintendent of Public Works E. Somerville and Agricultural Fieldman S. Wylie were in attendance for the following item. Business from Minutes (cont'd) 3. flaw 1425-03 -Unauthorized Development on Roads Moved by Councillor Moss that Administration incorporate the discussed changes into this bylaw and bring it back to the next meeting. Carried. The Superintendent of Public Works and the Agricultural Fieldman left the meeting at this time. 13. In Camera Moved by Councillor Pickett that we move in camera. Carried. Moved by Councillor Harbinson that we move out of camera. Carried. Lunch Council recessed for lunch from 12:30 p.m. to 1:15 p.m. April 10, 2003 Council Page 70 ~~ 14. ,--- In Camera (cont'd) Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Correspondence 1. Partners FOR the Saskatchewan River Basin - 2003 Membership A letter from Partners FOR the Saskatchewan River Basin, regarding the notice of membership renewal, was presented to Council. Moved by Councillor Fabian that we renew our Partners FOR the Saskatchewan River Basin membership for 2003. Defeated. 2. Brooks & District Ambulance Association - 2003 Requisition A letter from Brooks & District Ambulance Association, regarding the 2003 requisition, was presented to Council as information. 3. Cheryl Pierson -Resignation from Library Board A letter from Cheryl Pierson, resigning from the County of Newell Library Board, was presented to Council. Moved by Councillor Eckert that we accept, with regret, the resignation of Cheryl Pierson. Carried. 4. Elsie Strach -Library Board A letter from Elsie Strach, applying for the vacant position on the Library Board, was presented to Council as information. This opening will be advertised prior to making an appointment to the Library Board. 5. Muniversit ~~Up-coming Courses Information on up-coming Muniversity courses was presented to Council. Moved by Councillor Vermeeren that any Councillor wanting to attend Muniversity in Calgary in October be allowed to do so. Carried. April 10, 2003 Council Page 71 15. Cheques for Pavment/Direct Debit Re ig ster Moved by Councillor Vermeeren that Cheques #12523 - #12635, #12637 - #12740, #12741, #12742 and #12744 - #12807 in the amount of $1,051,825.58 and Direct Debit Register Batches #6738, #6754, #6769 and #6781 in the amount of $34,957.77, be approved for payment. Carried. Correspondence (cont'd) Superintendent of Public Works E. Somerville was in attendance for the following item. 6. Eastern Irrigation District - Transfer of Lake Newell Utilitv A letter from Eastern Irrigation District, regarding the transfer of Lake Newell Utility Inc. to the County, was presented to Council. Administration was directed to get clarification from the Eastern Irrigation District on their definition of "hook-up fee". The Superintendent of Public Works left the meeting at this time. ~"" 7. Jane M. Liesch -Request for Waiver of FOIP Fees A letter from Jane M. Liesch, requesting a waiver of FOIP fees, was presented to Council as information. Other Business (cont'd) Finance Officer S. Shigehiro was in attendance for the following item. 2. 2003 Water/Sewer Operatin Lg evies The Finance Officer presented and reviewed a proposal for 2003 Hamlet Water and Sewer Levies to Council. Moved by Councillor Vermeeren that we approve the recommendations of Administration and adopt the 2003 Water/Sewer Operating Levies as follows: Rolling Hills Patricia Scandia Rainier Carried. April 10, 2003 Water $149.00 Sewer $149.00 Water/Sewer - Water/Sewer - Vacant $1.41 /front foot Occupied $421.00 Water $479.00 Sewer $72.00 Water -Residents $493.00 Grasslands $13,816.00 Council Page 72 The Finance Officer left the meeting at this time. Planner T. Henry was in attendance for the following items. 16. Delegation - Jamal Ramjohn/Jeet Shergill/Rod Potrie RE: MPC Item -Lake Newell Area Structure Plan Jamal Ramjohn; EBA Engineering Consultants Ltd., Jeet Shergill; Applicant, and Rod Potrie; Planning Protocol, were in attendance as a delegation to present information on the Lake Newell Reservoir Resort Area Structure Plan. Municipal Planning Commission (cont'd) 6. Lake Newell Reservoir Resort Area Structure Plan Moved by Councillor Musgrove that Bylaw 1428-03, being a bylaw to adopt the Lake Newell Reservoir Resort Area Structure Plan, receive first reading. Carried. Moved by Councillor Vermeeren that the Developer hold an Open House on the Lake Newell Reservoir Resort Area Structure Plan prior to the Public Hearing being held. Carried. The Planner left the meeting at this time. Other Business (cont'd) 3. Kinsmen Request for Use of Handi-bus for Rodeo Kick-off Dance - Mav 31/03 The Kinsmen requested use of our handi-bus for the rodeo kick-off dance. Moved by Councillor Harbinson that we allow the Kinsmen to use our handi-bus providing their driver has the proper class of drivers licence and the bus is cleaned when they are finished with it. Carried. 4. Alberta MLA Policing Review Committee Report The Alberta MLA Policing Review Committee Report was circulated to Council. This item will be sent to a Workshop Session. April 10, 2003 Council Page 73 17. Post Agenda Items - Delegation -Wendell Rommens/Dwight Pierson/Tim Lelek RE`.`Business From Minutes Item -Subdivision 02 NL 033 at 10:05 a.m. This delegation was in attendance for Business from Minutes Item 2. 2. Delegation - Jamal Ramjohn/Jeet Shergill/Rod Potrie RE: MPC Item -Lake Newell Area Structure Plan at 2:00 p.m. This item was dealt with earlier in the meeting. 3. Count~A~ril Newsletter The April Newsletter was circulated to Council as information. 4. Newell Foundation Requisition A letter from Newell Foundation, regarding their 2003 requisition, was circulated to Council as information. Agricultural Fieldman S. Wylie was in attendance for the following items. 5. Alberta Infrastructure - Purchase of Chemical Stora expound and Surrounding Area A letter from Alberta Infrastructure, regarding the purchase of the Chemical Storage ~' ~ Compound and surrounding land, was circulated to Council. Moved by Councillor Loewen that Administration make an offer to purchase 1 acre of land, including the Chemical Storage Compound and the immediate area surrounding it, and failing that, that we request an extension to our lease and that letters be sent to the Minister of Agg cultu~.e, Food and Rural tl.n. tore} f c.Fsf*'"crutY ~+/{~'• Development, the Minister of Environmen~nc~ our ILA requesta meeting to discuss our offer to purchase this property and the issues that have been raised in the negotiation process. Carried. 6. Canada's Outstanding Young Farmers Progr, am A letter from Canada's Outstanding Young Farmers Program, regarding nominations for 2003, was circulated to Council. This item will be advertised with any nominations for this award to be brought forward to the Apri124, 2003 Council meeting. April 10, 2003 Council Page 74 The Agricultural Fieldman left the meeting at this time. .~- 7. Silver Sage Request for Display April 14 Councillor Eckert brought forward a request from Black Sheep Promotions to aye our ` ~ ~ anniversa dis la set u at the "From the Ground U Grade 4 - A Fair" on ~'' ~' ~ ~" ~ rY P Y P P- g Ja~trp-14, 2003. Committee Reports (cont'd) Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. Bylaw for Trail Development There was no information on this item. Regional Services .- The Administrator reported on the Joint Municipalities meeting for Regional Services. 50`~ Anniversary Committee Councillor Musgrove gave this report. .... Municipal Councillor Moss gave this report. Superintendent of Public Works E. Somerville was in attendance for the following item. 1. Resource Road Projects A memo, with proposed Resource Road Funding Projects, was circulated to Council and presented by the Superintendent of Public Works. The Superintendent of Public Works left the meeting at this time. April 10, 2003 Council Page 75 AAMD&C Convention Report -- The Administrator was given direction on how to handle the distribution of documents that individual Councillors have requested administration to obtain from other municipalities or agencies. 18. Question Period /Notice of Motion A question period was held. Councillor Eckert asked if there was green space available for a quad park in Division 8. The Administrator updated Council on the upcoming Annual Meeting. 19. Information Items 1. Newell Mini Bus Report -February 20. AdLurn Moved by Councillor Moss that we adjourn at 3:39 p.m. Carried. REEV - ~ ~ ~~ i A MINISTRATOR April 10, 2003 Council Page 76 County of Newell Iv'o. 4 Minutes of Public Hearing April 10, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 10, 2003 commencing at 11:00 a.m. ~--- Members Present Reeve Councillors Administrator Assistant Administrator Planner Recording Secretary The Reeve opened the Public Hearing at 11:00 a.m. Applicant Robert Strach was in attendance for this hearing. W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett (11:03 a.m.) C. Baksa A. Martens N. Moriyama T. Henry P. Garrett The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1420-03,being abylaw to re-designate a portion of the SW 25-18-15-W4 from OF - Urban Fringe District to LI -Light Industrial District. The Planner gave the background on this application. Arrived at Hearing Councillor Pickett arrived at the Public Hearing at 11:03 a.m. ~^ The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked if the applicant wanted to present support to his land use amendment request. Mr. Strach spoke in favour of this bylaw indicating that he wanted to re-designate the subject land and sell it as this portion of property is difficult to irrigate. Council was given the opportunity to ask questions of the applicant. Councillor Moss asked if the silos could be moved. Reeve Daniels asked Mr. Strach if he was familiar with the Area Structure Plan for the area. 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. There was no one wishing to speak against the bylaw. The applicant was given the opportunity to present further information. The applicant had no further information to present. Council was given the opportunity to ask further questions of the applicant. Council had no further questions for the applicant. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 11:06 a.m. Carved. /` REE 4 COUNTY ADM ISTRATOR County of Newell No. 4 '+ Minutes of Public Hearing April 10, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 10, 2003 commencing at 11:34 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa - Administrator A. Martens (, Assistant Administrator N. Moriyama ,/_ Planner T. Henry Development Control Officer P. Urban "~ Recording Secretary P. Garrett The Reeve opened the Public Hearing at 11:34 a.m. Applicant Mike Wenner, of P & H Oilfields-, and one member of the public were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1421-03, being a bylaw to re-designate a portion of the NE 34-18-15-W4 from A - Agricultural District to LI -Light Industrial District. The Planner gave the background on this application. The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked if the applicant wanted to present support to his land use amendment - request. Mr. Wenner spoke in favour of this bylaw indicating that he wanted to clear up the problem with the land use bylaw caused by the expansion of his business. He asked for clarification on whether or not minor welding was permitted in a Light Industrial District. Council was given the opportunity to ask questions of the applicant. Council had no questions for the applicant but the Reeve asked the Development Control Officer if she felt minor welding would be permitted in a Light Industrial District. 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. There was no one wishing to speak against the bylaw. The applicant was given the opportunity to present further information. The applicant had no further information to present. Council was given the opportunity to ask further questions of the applicant. Council had no -~- further questions for the applicant. There being no further discussion, it was moved by Councillor Fabian that the Public Hearing adjourn at 11:42 a.m. Carried. t REEV ., ~~ °~ -'-- COUNTY ADMINI TRATOR