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Home My WebLink About2004-06-10 Council (Regular) Minutes~5 ~ County of Newell No. 4 Minutes of Council Meeting June 10, 2004 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 10, 2004 commencing at 10:00 a.m. Members Present 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 Executive Assistant C. Isaac 1. Excused from Meeting No members asked to be excused from this meeting: 2. Minutes Council Minutes - May 20, 2004 Minutes of the May 20, 2004 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 Agenda Moved by Councillor Moss that we adopt the agenda as amended. Carried. ,,, .... June 10, 2004 Council Page 129 5. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. 6. Assistant Administrator's Report The Assistant Administrator presented his report for May to Council. Moved by Councillor Harbinson that we accept this report. Carried. 7. Administrator's Report The Administrator presented his report for May to Council. Moved by Councillor Fabian that we accept this report. Carried. 8. Business From Minutes 1. Fire Bylaw 1461-04 No further information was presented. 9. Correspondence 1. Shortarass Library Svstem -Amendment to Svstem Agreement A letter from the Shortgrass Library System requesting support for an amendment to the budget approval process was presented to Council. Moved by Councillor Moss that we approve the proposed change in the agreement for the budget approval process. Carried. 2. Minister of Community Development - AB Centennial Municipal Grant A letter from the Minister of Community Development regarding the Per Capita Municipal Grant Program eligibility agreement requirements was presented to Council. June 10, 2004 Council Page 130 c~ ~^ Moved by Councillor Daniels that we contact the surrounding communities to obtain their ideas on potential projects and their opinions about applying for an emergency services training facility. Carried. 3. Lake Newell Resort -Cancellation of Utility Plant Taxes A letter from the Lake Newell Condominium Association Board regarding the taxation of the utility lots for the taxation levy year 2004 was presented to Council. Moved by Councillor Harbinson that we send a letter stating that we cannot refund or cancel these taxes as they represent frontage levies only. Carried. 4. Village of Duchess -Duchess Landfill Reclamation A letter from the Village of Duchess concerning the reclamation of the Duchess Landfill was presented to Council. Moved by Councillor Eckert that we propose Duchess manage the reclamation project and obtain three engineering proposals, that the County supply available equipment/manpower to help decrease costs, that the County contribute 60% of the total project costs and that Duchess contribute 40% of the total project costs. Moved by Councillor Daniels to amend the motion by changing the cost sharing percentages to state that the County contribute 70% of the total project costs, and the Village of Duchess contribute 30% of the total project costs. Defeated. Moved by Councillor Loewen that the original motion be amended by removing the cost sharing percentages so that they can be negotiated at a later date. Defeated. Vote on the motion -Carried. Moved by Councillor Moss that we discuss Newell Foundation under Committee Reports. Carried. ~- June 10, 2004 Council Page 131 ~~ 10. Public Hearinss - Tom and JoAnne Grove were in attendance at the meeting and arrived at 11:00 a.m. 1. #04 LUA 015 - Pt. N %Z 20-21-18-W4 From A - Agricultural District to PS -Public Service District The Reeve called the Public Hearing to order at 11:03 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1477-04, being a bylaw to re-designate Pt. N %Z 20-21-18- W4 from A -Agricultural District to PS -Public Service District. The Planner gave the background on this application. The Reeve reviewed the procedures that would be followed for the hearing. The public was given the opportunity to speak in favour or against the Bylaw. No - representations were made. _ Council was given the opportunity to ask questions of the Planner. There were no questions. Moved by Councillor Vermeeren that the Public Hearing adjourn at 11:07 p.m. Carried. 2. #04 LUA 005 - Pt. NW 23-20-14-W4, IRR 1305 A -Agricultural District to RUR -Rural Residential District The Reeve called the Public Hearing to order at 11:08 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1473-04, being a bylaw to re-designate Pt. NW 23-20-14- W4, IRR 1305 from A -Agricultural District to RUR -Rural Residential District. June 10, 2004 Council Page 132 ' C' b ~- The Planner gave the background on this application. As there were no more individuals in attendance, the Reeve did not review the procedures that would be followed for this hearing. The applicant was given the opportunity to speak in favour or against the Bylaw but decided not to provide any further information. Council was given the opportunity to ask questions of the Planner. There were no questions. Moved by Councillor Vermeeren that the Public Hearing adjourn at 11:11 p.m. 3. #04 LUA 013 - Pt. NE 24-20-13-W4, Plan 7911321 Block A HWY C - Hiehway Commercial District to RUR -Rural Residential District The Reeve called the Public Hearing to order at 11:12 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1475-04, being a bylaw to re-designate Pt. NE 24-20-13- W4, Plan 7911321 Block A from HWY C -Highway Commercial District to RUR - Rural Residential District. The Planner gave the background on this application. As there were no more individuals in attendance, the Reeve did not review the procedures that would be followed for this hearing. The public was given the opportunity to speak in favour or against the Bylaw. No representations were made. Council was given the opportunity to ask questions of the Planner. Moved by Councillor Moss that the Public Hearing adjourn at 11:15 p.m. ,~-- June 10, 2004 Council Page 133 C~7 4. #04 LUA 014 - Pt. NW 15-19-14-W4, Plan 8111866 Block E Lot 3 CR2 -Country Residential 2 District to CR -Country Residential District The Reeve called the Public Hearing to order at 11:16 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1476-04, being a bylaw to re-designate Pt. NW 15-19-14- W4, Plan 8111866 Block E Lot 3 from CR2 -Country Residential 2 District to CR - Country Residential District. The Planner gave the background on this application. As there were no more individuals in attendance, the Reeve did not review the procedures that would be followed for this hearing. The public was given the opportunity to speak in favour or against the Bylaw. No representations were made. Council was given the opportunity to ask questions of the Planner. There were no _ questions. Moved by Councillor Fabian that the Public Hearing adjourn at 11:19 p.m. Carried. 5. #04 LUA 012 - Pt. SW 3-19-14-W4, Plan 9710449 Block 2 A -Agricultural District to HWY C - Highway Commercial District The Reeve called the Public Hearing to order at 11:20 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1474-04, being a bylaw to re-designate Pt. SW 3-19-14- W4, Plan 9710449 Block 2 from A -Agricultural District to HWY C -Highway Commercial District. The Planner gave the background on this application. June 10, 2004 Council Page 134 ' G~ As there were no more individuals in attendance, the Reeve did not review the procedures that would be followed for this hearing. The public was given the opportunity to speak in favour or against the Bylaw. No representations were made. Council was given the opportunity to ask questions of the Planner. There were no questions. Moved by Councillor Eckert that the Public Hearing adjourn at 11:19 p.m. Carried. 11. Bylaws 1. Bylaw 1477-04 Moved by Councillor Loewen that Bylaw 1477-04, being a bylaw to redesignate Pt. N '/2 20-21-18-W4 from A -Agricultural District to PS -Public Service District, receive second reading. Carried. .--- Moved by Councillor Moss that Bylaw 1477-04 receive third and final reading. Carried. 2. Bylaw 1473-04 Moved by Councillor Vermeeren that Bylaw 1473-04, being a bylaw to redesignate Pt. NW 23-20-14-W4, IRR 1305 from A -Agricultural District to RUR -Rural Residential District, receive second reading. Carried. Moved by Councillor Musgrove that Bylaw 1473-04 receive third and final reading. Carried. 3. Bylaw 1475-04 Moved by Councillor Harbinson that Bylaw 1475-04, being a bylaw to redesignate Pt. NE 24-20-13-W4, Plan 7911321 Block A, from HWY C -Highway Commercial District to RUR -Rural Residential District, receive second reading. Carried. June 10, 2004 Council Page 135 Moved by Councillor Fabian that Bylaw 1475-04 receive third and fmal reading. Carried. Tom and Joanne Grove left the meeting at 11:15 a.m. 4. Bylaw 1476-04 Moved by Councillor Fabian that Bylaw 1476-04, being a bylaw to redesignate Pt. NW 15-19-14-W4, Plan 8111866 Block E Lot 3 from CR2 -Country Residential 2 District to CR -Country Residential District, receive second reading. Carried. Moved by Councillor Moss that Bylaw 1476-04 receive third and final reading. Carried. 5. Bylaw 1474-04 Moved by Councillor Fabian that Bylaw 1474-04, being a bylaw to redesignate Pt. SW 3-19-14-W4, Plan 9710449 Block 2 from A -Agricultural District to HWY C - Highway Commercial District, receive second reading. Carried. -- Moved by Councillor Loewen that Bylaw 1474-04 receive third and final reading. Carried. Correspondence - Cont'd 5. Alberta Municipal Affairs - 2004 Municipal Sponsorship Program A letter from Alberta Municipal Affairs providing information about the 2004 Municipal Sponsorship Program and eligibility components was presented to Council. Moved by Councillor Loewen that we consider contributing a minimum of 50% of our population for an enhanced Intermunicipal 2004 Municipal Sponsorship Program application to fund an emergency services training facility with the Town of Brooks to administer the project and request contributions from other municipalities within the County. Carried. June 10, 2004 Council Page 136 `~ C~ 12. Other Business 1. 2004 Water & Sewer Levies A spreadsheet outlining the amount of water produced by the Rainier Water Treatment Plant, Rainier School, Residents of Rainier and comparison of water levy amounts was presented to Council. 2. Lake Newell Water Treatment Plant The Assistant Administrator presented Council with a proposal on the transferring of the Lake Newell Utility from the Eastern Irrigation District to the County of Newell. Moved by Councillor Vermeeren that we accept the Assistant Administrator's proposal. Carried. 3. Assessment Review Board Dates The Assessment Review Board will sit July 21, 2004, commencing at 10:00 a.m. 13. Cheques for Payment Moved by Councillor Loewen that Cheques #150584 - #150585, #150587 - #150703, #150704 - #150707, #150709 - #150714 & #150716 - #150765, in the amount of $655,214.44, and Direct Debit Batch - #8063 in the amount of $68,327.94, be approved. Carried. 14. Treasurer's Report -April The Treasurer's Report for April, 2004 was presented to Council. Moved by Councillor Loewen that the Treasurer's Report for April be accepted. Carried. ,-- June 10, 2004 Council Page 137 CJ~ 15. Post Agenda Items 1. County of Newell Golf Tournament Moved by Councillor Fabian that Council receive no per deim or expenses for attendance at the golf tournament. Carried. 2. STARS -Invitation to Annual General Meeting Moved by Councillor Daniels that Council not send a representative to the STARS Annual General Meeting. Carried. 3. Best Practices for Water treatment Moved by Councillor Musgrove that the Regional Services Committee attend this session. Defeated. Moved by Councillor Moss that the County of Newell Water Treatment Operator be allowed to attend at Administration's discretion. Carried. 4. 911 Report Reeve Baksa gave this report. Excused from Meeting Councillor Vermeeren excused himself from the remainder of the meeting at 12:00 p.m. Lunch Council recessed for lunch from 12:00 p.m. to 1:25 p.m. 5. Crawling Valley Playground Councillor Moss provided this report. June 10, 2004 Council Page 138 G~ '` 6. Meeting with Minister Shirley McClellan Council requested administration to send a letter thanking the Minister for her attendance. 16. Committee Reports Municipal Moved by Councillor Loewen that we purchase a box of steaks to host a barbecue with Guy Boutilier, Minister of Municipal Affairs. Carried. Planner, Tammy Henry, was in attendance for the following items. Municipal Planning Commission 1) Old Items a) By-law 1427-03 -Bantry Bay Land Use Amendment .~- This item was not lifted from the table. New Items a) Development Permit Fee Refunds. Moved by Councillor Musgrove that we refund half of the development permit fee to the applicant for Permits #2626, #2627, #2628, #2629, #2630, #2631, #2632, and #2633. Carried. b) Permit#2634 - Ptn. N %z 20-21-18-W4 -Division 9 Town of Bassano (Owner) Neighbor, Jerry (Applicant) Airport Moved by Councillor Musgrove that we refund half of the development permit fee to the applicant. Carried. June 10, 2004 Council Page 139 G~'' c) #04 NL 008 - NW15-19-14-W4 Plan 8111866 Block E Lot 3 -Division 10 Yanke, Harvey & Yvonne (Owners) Yanke, Harvey (Applicant) Subdivision of a Country Residential Lot Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision 04 NL 008, to allow for the subdivision of a 3.14 acre parcel into two lots of 1.56 and 1.58 acres subject to the following conditions. 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant maybe responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into an agreement with the County of Newell Public Works Department for the installation of any required road approaches to the proposed and/or remnant parcels. 4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 6. That all outstanding municipal taxes be paid prior to the endorsement. Moved by Councillor Musgrove that the motion be amended to add a condition that the applicant enter into a registerable agreement requiring property owners to pay for dust _ control as per County policy in place from time to time should the property owners have concerns or issue with respect to dust generated on County roadways affecting their use, value, or enjoyment of their property. Carried. Vote on motion asamended - Carried. d) #04 NL 009 - Ptn. NE 1-21-16-W4 -Division 7 Eastern Irrigation District (Owner) Hildebrand, Ed (Applicant) Subdivision of Rural Residential Lot From Agricultural Land Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision 04 NL 009 to allow for the subdivision of a rural residential lot from agricultural land subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward,when the subdivision mylar is registered at Land Titles office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant maybe responsible for the costs associated with the installation, removal or modification of services. June 10, 2004 Council Page 140 C~ ~' 3. The applicant entering into an agreement with Alberta Transportation for a service road dedication and access management along Highway #550. 4. The applicant entering into an agreement with the County of Newell for the installation/upgrade and/or removal of any required road approaches to the proposed and/or remnant parcels. 5. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include: storm water management plan, lot grading plan, infrastructure plan, and drawings depicting _ ditch and road profiles. 6. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. That all outstanding municipal taxes be paid prior to the endorsement. Carried. e) #04 NL 010 - NW 5-19-15-W4 Plan 7710951 Block 2 -Division 5 Hofer, Paul and Marie (Owners & Applicants) Subdivision of a Country Residential Parcel Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision #04 NL 010 to allow for the subdivision of a 3-acre parcel in half, subject to the following conditions: .r-- 1. That all oil and gas company leases, rights of way and board orders be carried , forward, when the subdivision mylar is registered at Land Titles office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into an agreement with the County of Newell for the installation/removaUupgrade of any required road approaches to the proposed and/or remnant parcels. 4. The applicant entering into a joint access agreement with the owner of the property adjacent to the East side of this subject property to provide access to the proposed East parcel. 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. The applicant installing cisterns for each property to supply water if the Eastern Irrigation District is not prepared to supply water. 8. That all outstanding municipal taxes be paid prior to the endorsement. Carried. r- June 10, 2004 Council Page 141 G~ fj #04 NL 011 - NE 34-18-13-W4 -Division 2 Eastern Irrigation District (Owner) Hildebrand, Ed (Applicant) Subdivision of an Agricultural Parcel Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision 04 NL 011 to allow for the subdivision of an agricultural parcel subject to the following conditions: 1. That the parcel be consolidated by plan to SE 34-18-13-W4. 2. That all oil and gas company leases, rights of way and board orders, be 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 parcels. The applicant maybe 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. That the applicant meet 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. That all outstanding municipal taxes be paid prior to the endorsement. Carried. g) #04 LUA 017 - SE 30-19-14-W4 -Division 10 Town of Brooks (Owner) County of Newell No. 4 (Applicant) To re-designate approximately 160.00 acres from A -Agricultural District to PS -Public Service District to apply correct zoning for airport use Moved by Councillor Moss that first reading be given to Bylaw #1479-04, being a bylaw to re-designate approximately 160.00 acres of land in SE 30-19-14-W4, from A -Agricultural District to PS -Public Service District. Carried. Dele ag tion Rod Potrie, of Planning Protocol, was in attendance at the meeting for the following item. June 10, 2004 Council Page 142 '" Old Items Conf d b) 04 NL 007 - Pt. NE 1-18-15-W4, Plan 9411167 Block 5 Lake Newell Reservoir Resort K300 Financial Corp. (Owners) Rod Potrie, Planning Protocol (Applicant} Moved by Councillor Musgrove that the following motion be lifted from the table. Carried. Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision Application 04 NL 007, to allow for the subdivision of a resort multi-family residential lot into 24 single-family residential lots, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant providing evidence of an approved Stormwater Management Plan for the west side of Lake Newell Reservoir. Review and approval of the Stormwater Management Plan will be from the County of Newell Public Works Department. 4. 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, registration and discharge of the caveat will be at the cost of the applicant. 5. 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. 6. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include a Stormwater Management Plan, Lot Grading Plan, Infrastructure Plan and drawings depicting ditch and road profiles. 8. That all outstanding municipal taxes be paid prior to the endorsement. 9. Prior to endorsement of the subdivision plan, a Homeowner's Association is to be created to be responsible for any public utility lots and/or municipal reserve, with a caveat being registered on the titles showing the property being subject to the membership and obligations of the Homeowner's Association. 10. The applicant providing an Irrevocable Letter of Credit at a minimum of 125% of the gross construction costs including engineering design. 11. The applicant entering into an agreement with the existing Lake Newell Resort Condominium Association for the disposal of solid waste management for the subdivision. r- June 10, 2004 Council Page 143 12. The applicant providing the required 10% of municipal reserve for this _ subdivision. This area may be expanded for the creation of a dry pond if the Stormwater Management Plan requires another holding area for stormwater which will decrease the area used for the RV storage site accordingly. 13. The applicant providing a surface irrigation system. Carried. Moved by Councillor Musgrove that the motion be amended to add the following condition "The applicant constructing a dyke for the detention pond in the west of Lake Newell Reservoir development as per the recommendation in the Stormwater ~ ~~ Management Study: Lake Newell Subdivisions, Greenwald Inlet Development" dated May 2004." Vote on amendment -Carried. Vote on motion asamended -Carried. Rod Potrie left the meeting at 1:50 p.m. Urban Fringe Reeve Baksa provided a report. Tammy provided an update to Council. - Planner Tammy Henry left the meeting at 1:57 p.m. Newell Regional Solid Waste Management Authority No report. FCM Conference Moved by Councillor Harbinson that we send a letter to the AANIDC inviting President Jack. Hayden to a meeting to discuss facilitating and supporting one or two members to run as Candidates for the Board of Directors of the FCM with this meeting also acting as one of the regularly scheduled visits. Carried. Newell Foundation Councillor Moss provided an update. June 10, 2004 Council Page 144 ~' 17. Question PeriodlNotice of Motion A question period was held. 18. Information Items There were no information items. 19. Adjourn Moved by Councillor Harbinson that the meeting adjourn at 2:25 p.m. Carried. c$~~, REEVE -~ s~ 1~ COUNTY ADMINISTRATOR June 10, 2004 Council Page 145