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HomeMy WebLinkAbout2004-05-06 Council (Regular) Minutes County of Newell No. 4 Minutes of Council Meeting May 6, 2004 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 6, 2004 commencing at 10:00 a.m. Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian. C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Executive Secretary K. Weiss 1. Excused from Meetine ,~-- Moved by Councillor Loewen that Councillor Musgrove be excused from this meeting. Carried. 2. Minutes Council Minutes -April 22, 2004 Minutes of the Apri122, 2004 meeting were presented. Moved by Councillor Eckert that we adopt the minutes as amended. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoution of Agenda Moved by Councillor Vermeeren that we adopt the agenda as amended. Carved. .~-- May 6, 2004 Council Page 102 ~~ 5. Assistant Administrator's Report The Assistant Administrator presented his report for April to Council. Moved byCouncillor -- Harbinson that we accept this report. Carried. 6. Administrator's Report The Administrator presented his report for April to Council. Moved by Councillor Fabian that we accept this report. Carried. 7. Business From Minutes 1. Fire Bylaw 1461-04 No further information was presented. 2. AAMD&C -Discussion Paper & Questionnaire on the Community Aggresate Pavment Administration gave a report on the Discussion Paper and Council completed the questionnaire which will now be returned to the AAMD&C. 8. Corresvondence 1. Alberta Municipal Health & Safety Association -Health & Safety Training Award A letter from Alberta Municipal Health & Safety Association advising of an award presented to the County in recognition of our commitment to provide health and safety training for employees was presented to Council. The award was displayed for Council during the meeting. 2. AAMD&C -Grand Onenins of New Office - Mav 27, 2004 A letter from the AAMD&C inviting the Reeve, Deputy Reeve and CAO to the Grand Opening of their new office building on May 27, 2004 was presented to Council. Reeve Baksa and Councillor Harbinson will attend this Grand Opening along with Councillor Loewen, who will be representing the Foothills Little Bow Municipal Association. May 6, 2004 Council Page 103 3. AAMD&C - Kev Messa~:es -Ground Ambulance Realigmment Workshop An a-mail from the AAMD&C concerning the key messages discussed at the Ground Ambulance Realignment Workshop on April 27, 2004 was presented to Council as information. 4. The Municipal District of Willow Creek No. 26 A letter from the Municipal District of Willow Creek No. 26 inviting representatives of the County of Newell to their 50`~ Anniversary celebration on June 26, 2004 was presented to Council. Moved by Councillor Vermeeren that the Reeve and Deputy Reeve, or designate, be allowed to attend this celebration as per Policy and that we present them with a gift in an amount not to exceed $300.00. Carried. 9. Other Business Agricultural Fieldman, Steve Wylie, was in attendance for the next two items. 1. Metal Ranee Panel Rental Agreement A proposed Metal Range Panel Rental Agreement was presented to Council. Moved by f.,, Councillor Pickett that we approve this agreement with the amendment of rental fee to $75.00 per day. Carried. 2. Loading Chute Rental Agreement A proposed Loading Chute Rental Agreement was presented to Council. Moved by Councillor Vermeeren that we approve this Agreement as presented. Carried. The Agricultural Fieldman left the meeting at this time. 3. Non-Returning Councillors Attendance at Fall AAMD&C Convention Policy The Non-Returning Councillors Attendance at Fall AAMD&C Convention Policy showing proposed amendments was presented to Council. Moved by Councillor Loewen that we adopted this Policy as presented. Carried. May 6, 2004 Council Page 104 G~%' 4. 9-1-1 Requisition Payments Moved by Councillor Loewen that we release the second quarterly payment to Foothills - Regional Emergency Services Commission. Carried. 5. Rodeo Parades Moved by Councillor Vermeeren that the Reeve or Deputy Reeve and the Councillor of the area within which a parade is being held participate in that parade by riding in a County truck with a County of Newell banner. Carried. . 10. Cheques for Payment Moved by Councillor Fabian that Cheques #150267 - 150268, #150387 - 150501, #150503 - 150504, #150506 - 150509 & #150511 - 150583, in the amount of $1,302,059.19, and Direct Debit Batches #7971 & #8001, in the amount of $42,889.21, be approved. Carried. Planner, Tammy Henry, was in attendance for the following items. 11. Public Hearing - NW 24-19-15-W4, Plan 0310777 Block 2 Lot 1 From A - Agricultural to HYW C - Highway Commercial - Bylaw 1463-04 - The Reeve called the Public Hearing to order at 11:00 a.m. One member of the public was in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1463-04, being a bylaw to re-designate NW 24-19-15-W4, Plan 0310777 Block 2 Lot 1, from A -Agricultural District to HWY C -Highway Commercial 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 anyone had any questions. There were no questions. May 6, 2004 Council Page 105 Council was given the opportunity to ask questions of the Planner. 'There were no questions. i- .... Moved by Councillor Vermeeren that we adjourn the public hearing at 11:06 a.m. Carried. 12. By-law 1463-04 Moved by Councillor Loewen that Bylaw 1463-04, being a bylaw to re-designate NW 24-19- 15-W4, Plan 0310777 Block 2 Lot 1, from A -Agricultural District to HYW C -Highway Commercial District, receive second reading. Carried. Moved by Councillor Harbinson that Bylaw 1463-04 receive third and final reading. Carried. 13. Post Aeenda Items 1. Evergreen Implements Inc. -Grand Onenine A letter from Evergreen Implements Inc. inviting a representative from Council to their Grand Opening on June 3, 2004 was presented to Council. Moved by Councillor Eckert that Councillor Harbinson attend and be reimbursed as per Policy. Carried. 2. Recreation Board Meeting Councillor Baksa reported on a meeting with Lyle Oberg that she had attended in Edmonton, along with Town of Brooks Mayor Weisbeck, regarding funding for the Leisure Centre. 14. Public Hearing -Addition of "Storage Facility" to Section 95.1 Deletion of "Storage Facility" from Section 96.1 - Bylaw 1464-04 The Reeve called the Public Hearing to order at 11:15 a.m. One member of the public was in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1464-04, being a bylaw to add the use "Storage Facility" to Section 95.1 and to delete the use "Storage Facility" from Section 96.1 of Land Use Bylaw 1443-03. The Planner gave the background on this application. May 6, 2004 Council Page 106 G~ As there were no new members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. ~' The Reeve asked if there were any questions. Rob Smith, owner of amini-storage business, asked if anyone had any questions of him. Councillor Daniels asked what the zoning was on his property. The Planner advised that it was zoned Light Industrial. Council was given the opportunity to ask questions of the Planner. There were no questions. Moved by Councillor Moss that we adjourn the public hearing at 11:20 a.m. Carried. 15. By-law 1464-04 Moved by Councillor Vermeeren that Bylaw 1464-04, being a bylaw to add the use "Storage Facility" to Section 95.1 and to delete the use "Storage Facility" from Section 96.1 of Land Use Bylaw 1443-03, receive second reading. Carried. Moved by Councillor Harbinson that Bylaw 1464-04 receive third and final reading. Carried. 16. Committee Reports Municipal Planning Commission Reeve Baksa gave this report. 1. Old Items a) Bylaw 1427-03 - Bantry Bay Land Use Amendment This item was not lifted from the table. 2. New Items a) Statutory Planning That Planner advised that more research was required and will be brought back to a future meeting. Moved by Councillor Loewen that we begin the process to designate Millicent and all other qualifying communities as Hamlets within the County of Newell. Carried. May 6, 2004 Council Page 107 17. Public Hearing - Pt. NW 13-20-13-W4 ~ From HR -Hamlet Residential to A - Agricultural - Bvlaw 1465-04 The Reeve called the Public Hearing to order at 11:30 a.m. There were no members of the public in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1465-04, being a bylaw to re-designate Pt. NW 13-20-13-W4 from HR -Hamlet Residential District to A -Agricultural District. T'he Planner gave the background on this application. As there were no members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. Council was given the opportunity to ask questions of the Planner. There were no questions. Moved by Councillor Vermeeren that the hearing adjourn at 11:35 a.m. Carved. 18. By-law 1465-04 Moved by Councillor Moss that Bylaw 1465-04, being a bylaw to re-designate NW 13-20-13- W4from HR -Hamlet Residential District to A -Agricultural District, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1465-04 receive third and final reading. Carried. May 6, 2004 Council Page 108 (~ Committee Reports (Cont'd.) Municipal Planning Commission (Cont'd.) b) 04 LUA 005 - Pt. NW 23-20-14-W4 -Division 8 Crrove, Tom & Joanne (Owners & Applicants) From A - Agricultural District to RUR -Rural Residential District Moved by Councillor Moss that Bylaw 1473-04,being abylaw to re-designate approximately 0.64 ha (1.59 acres) of land in NW 23-20-14-W4 from A -Agricultural District to RUR -Rural Residential District, receive first reading. Carried. c) 04 LUA 012 - Pt. SW 3-19-14-W4, Plan 9710449 Block 2 -Division 10 Ted Wald Services Ltd. (Owners) Randy Drader (Applicant) From A -Agricultural District to HWY C - Highway Commercial District Moved by Councillor Moss that Bylaw 1474-04, being a bylaw to re-designate approximately 10.0 acres of land in SW 3-19-14-W4, Plan 9710449 Block 2, from A -Agricultural District to RUR -Rural Residential District, receive first reading. Carried. 19. Public Hearing - Pt. NW 13-20-13-W4, Plan 1217 BA From A -Agricultural to HI -Hamlet Industrial - Bylaw 1466-04 - The Reeve called the Public Hearing to order at 11:45 a.m. There were no members of the public in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1466-04 being a bylaw to re-designate Pt. NW 13-20-13-W4, Plan 1217 BA, from A -Agricultural District to HI -Hamlet Industrial District. The Planner gave the background on this application. As there were no members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. Council was given the opportunity to ask questions of the Planner. Councillor Daniels asked what the boundaries of the Hamlet of Patricia were and the Planner responded. May 6, 2004 Council Page 109 Moved by Councillor Pickett that the hearing adjourn at 11:49 a.m. Carried. 20. By-law 1466-04 Moved by Councillor Loewen that Bylaw 1466-04, being a bylaw to re-designate Pt. NW 13- 20-13-W4, Plan 1217 BA, from A -Agricultural District to HI -Hamlet Industrial District, receive second reading. Carried. Moved by Councillor Harbinson that Bylaw 1466-04 receive third and final reading. Carried. The Planner left the meeting at this time. Lunch Council recessed for lunch from 11:55 a.m. - 1:30 p.m. 21. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. ,-- Moved by Councillor Vermeeren that we move out of camera. Carved. Planner, Tammy Henry, was in attendance for the following items. 22. Public Hearing - E 1/2 28-20-14-W4, RW 33, Plan 7710532 From A -Agricultural to P-SL/WT -Public -Sewage Lagoon/Wastewater Treatment Bylaw 1467-04 The Reeve opened the Public Hearing at 2:00 p.m. There were no members of the public in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1467-04 being a bylaw to re-designate E 1/2 28-20-14-W4, RW 33, Plan 7710532, from A -Agricultural District to P-SL/WT -Public -Sewage Lagoon/Wastewater Treatment District. May 6, 2004 Council Page 110 C~ As there were no members of the public in attendance, the Reeve did not review the _ procedures that would be followed for the hearing. The Planner gave the background on this application and a letter from Stewart Musgrove stating his concerns was circulated to Council. This letter is attached to and forms part of the minutes. Council was given the opportunity to ask questions of the Planner. Councillor Eckert asked what the set-back was. The Planner advised that this would have to be checked with Alberta Environment but that set-backs would have to be met. Councillor Harbinson asked how Mr. Musgrove's concerns would be addressed and the Planner stated this would be dealt with at the subdivision stage. Councillor Daniels stated that Alberta. Environment would address these concerns. Moved by Councillor Vermeeren that the hearing adjourn at 2:12 p.m. Carried. 23. By-law 1467-04 Moved by Councillor Loewen that Bylaw 1467-04,being abylaw to re-designate Pt. E 1/2 28- 20-14-W4, Pt. RW 33, Plan 7710532, from A -Agricultural District to P-SL/WT -Public - - Sewage Lagoon/Wastewater Treatment District, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1467-04 receive third and final reading. Carried. 24. Public Hearing - NE 4-19-14-W4, Plan 4818 JK Block E From CR - Country Residential to LI - Light Industrial - Bylaw 1468-04 The Reeve called the Public Hearing to order at 2:15 p.m. There were no members of the public in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1468-04 being a bylaw to re-designate NE 4-19-14-W4, Plan 4818 JK Block E from CR -Country Residential District to LI -Light Industrial District. The Planner gave the background on this application. May 6, 2004 Council Page 111 C~ As there were no members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. Council was given the opportunity to ask questions of the Planner. There were no questions. Moved by Councillor Fabian that the hearing adjourn at 2:17 p.m. Carried. 25. By-law 1468-04 Moved by Councillor Moss that Bylaw 1468-04, being a bylaw to re-designate NE 4-19-14- W4, Plan 4818 JK Block E from CR -Country Residential District to LI -Light Industrial District, receive second reading. Carried. Moved by Councillor Fabian that Bylaw 1468-04 receive third and final reading. Carried. Committee Reports (Cont'd.) Municival Planning Commission (Cont'd.) ~ d) 04 LUA 013 - Pt. NE 24-20-13-W4, Plan 7911321 Block A -Division 3 Clayton Koenning (Owner & Applicant) From HWY C -Highway Commercial District to RUR -Rural Residential District Moved by Councillor Harbinson that Bylaw 1475-04, being a bylaw to re-designate approximately 4.0 acres of land in NE 24-20-13-W4, Plan 7911321 Block A, from HWY C - Highway Commercial District to RUR -Rural Residential District, receive first reading. Carried. e) 04 LUA 014 - Pt. NW 15-19-14-W4, Plan 8111866 Block E Lot 3 Harvey & Yvonne Yanke (Owners) Harvey Yanke (Applicant) From CR2 - Countr~Residential 2 District to CR - Countrv Residential District Moved by Councillor Moss that Bylaw 1476-04,being abylaw to re-designate approximately 3.3 acres of land in NW 15-19-14-W4, Plan 8111866 Block E Lot 3, from CR2 -Country Residential 2 District to CR -Country Residential District, receive first reading. Carried. May 6, 2004 Council Page 112 C~ f) 04 LUA 015 - Pt. N 1/2 20-21-18-W4 Town of Bassano (Owner) County of Newell (Applicant) From A - Agricultural to PS -Public Service District Moved by Councillor Daniels that Bylaw 1477-04, being a bylaw to re-designate approximately 82.07 acres of land in Pt. N 1/2 20-21-18-W4 from A -Agricultural District to PS -Public Service District, receive first reading. Carried. Urban Fringe Committee The Planner gave this report. The Planner left the meeting at this time. 26. Delegation -Darin Cravo -Newsletter Information Technologist, Darin Crapo, was in attendance to present the proposed current Newsletter to Council for approval. This Newsletter was approved with amendments. Committee Reports (Cont'd.) Municipal Superintendent of Public Works, Rick Baine, was in attendance for this item. Administration provided information regarding a proposed Road Use Maintenance Agreement. Moved by Councillor Loewen that we approve the Road Use Maintenance Agreement as presented. Defeated. This item was referred to the next Workshop Meeting. In Camera Moved by Councillor Moss that we move in camera. Carried. Moved by Councillor Eckert that we move out of camera. Carried. The Superintendent of Public Works left the meeting during the in camera session. May 6, 2004 Council Page 113 Moved by Councillor Daniels that we accept the recommendations of the Superintendent of .~~ Public Works regarding equipment rates and rates for gravelling and calcium applications. Carried. Disaster Services Councillor Loewen gave this report. Brooks & District Ambulance Association Councillor Harbinson gave this report Newell Regional Solid Waste Management Authority Councillor Fabian gave this report. F.C.S.S. Board Councillor Loewen gave this report. The proposed Regional F.C.S.S. Agreement was ~ circulated to Council. Moved by Councillor Loewen that we accept the Regional F.C.S.S. Agreement as amended. Excused from Meeting Councillor Vermeeren excused himself from the meeting at 3:38 p.m. Vote on the motion - Carried. Palliser Economic Partnersh~ Councillor Daniels gave this report. Joint Town/County The Administrator gave this report. May 6, 2004 Council Page 114 Excused from Meeting J Councillor Fabian excused himself from the meeting at 4:07 p.m. Short~rass Library Councillor Moss gave this report. 27. Question Period/Notice of Motion A question period was held. 28. Information Items There were no information items. 29. Adiourn Moved by Councillor Pickett that the meeting adjourn at 4:10 p.m. Carried. C ~, i~a-~ t`/ REEVE L~~~, c COUNTY ADMINISTRATOR May 6, 2004 Council Page 115 ~r ,,-- Stewart Musgrove Box 236 Duchess AB, TOJ OZO NW 1 /4 27-20-14-W4M May 5, 2004 Attention Planner County of Newell No, 4 707 - 2 Avenue East Brooks AB, T1 R 1 B2 Dear Tammy Henry: ~~~ MAY - 6 ZpQ4 County of New®II No. 4 Brooks, Alberta In a letter addressed to Stewart and Lenita Musgrove dated March 8, 2004, County of Newell File#: 04 LUA 006, we were notified as adjacent land owners of a proposed consolidation of abandoned railway to existing Village of Duchess lagoon property. We did not have any concern with this change. Through a Public Notice in the Brooks Bulletin we been informed the County of Newell proposes to amend Land Use Bylaw 1443-03 for the following location: E 1 /2 28-20-14-W4M, RW33, Plan 7710532 From A-Agricultural District to P-SL/WT -Public -Sewage lagoon/Wastewater treatment. The proposed Bylaw amendment includes about 60 acres and has an unknown risk affect on adjacent land owners because future development plans of sewage/wastewater treatment by the Village of Duchess are unknown .The full impact of future development by the Village of Duchess on adjacent land owners can not be determined at this time due to lack of details about development plans. I include some of our comments and concerns related to the affect on adjacent land owners should changes and expansion of the existing sewage reservoir be made following the proposed Bylaw change. 1. An irrigation supply ditch exists along the south boundary of the land proposed for change of classification. This ditch and the water that flows in it is our only source of potable household and livestock water. Any potential risk of contamination is unacceptable. 2. Some seepage is currently evident around the existing sewage lagoon. Contamination of surface and ground water is a concern. The natural direction of ground water and surface water needs to be determined before changes or expansion takes place. Contour surface maps of this area suggest seepage could be a problem to adjacent land owners depending on the scale of development and changes. 3. ~ It is recommended that an extensive system of continous detection for seepage at surface and in ground water be done to protect adjacent land from contamination. 4. At certain times though the year sewage is allowed to flows into the John Ware spillway and down to the Red Deer River. The water from this spillway is a source of water for our livestock. Although sewage flow into the spillway is deemed safe, we have experienced water quality problems and found it is not suitable for livestock. With future expansion of the lagoon the sewage reservoir volume will increases and discharge volumes will increase. We have requested notification of times when sewage is being release which has' helped. Other down stream land owners should also be notified if this is not being done. It is also important that the discharge meet all safety standards and is tested for contaminants such as heavy metals, toxic petroleum products and chemicals that can end up in the lagoon from industrial dumping. 5. Any expansion of the sewage reservoir should take into consideration the location of adjacent land owners residences and avoid encroachment or negative impact to lifestyle. If you require clarification of these comments and concerns, please contact us at 403- 378-4546 ~-v--2J Stewart Musgro e