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Home My WebLink About2005-09-08 Council (Regular) MinutesCOUNTY OF NEWELL N0.4 .~ MINUTES OF COUNCIL MEETING SEPTEMBER 8, 2005 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 8, 2005 commencing at 10:03 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A. Philipsen C. Vermeeren S. Evans A. Eastman A. Eckert H. Wutzke STAFF: A. Martens, Administrator B. Broomfield, Executive Assistant OTHERS IN ATTENDANCE: M. Ocol, Brooks Bulletin R. Brown, Brooks Bulletin K. Volk, Brook & County Chronicle 1. EXCUSED FROM MEETING C-538105 MOVED BY COUNCILLOR C. VERMEEREN that Councillor Nesbitt be excused from the meeting. MOTION CARRIED 2. MINUTES Council Minutes - Au ust 25 2005 ~~'y~ C-539/05 MOVED BY COUNCILLOR A. ECKERT that the August 25, 2005 Council minutes be adopted as presented. MOTION CARRIED Regular Council Minutes Page 2 September 8, 2005 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-540/05 MOVED BY COUNCILLOR C. VERMEEREN that we adopt the agenda as amended. MOTION CARRIED 5. BUSINESS FROM MINUTES a. Proposed Non-Residential Split Tax Rate Resolution The Administrafor presented a draft resolution on non-residential split tax rates. C-541/05 MOVED BY COUNCILLOR C. VERMEEREN that we forward this resolution as amended to the Foothills Little Bow Municipal Association for consideration. .~-- MOTION CARRIED Arrived at Meetin_g Mary Anne Ocol arrived at the meeting at 10:10 a.m. b. Bylaw 1543-05 -Speed Limit Bylaw C-542/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw No. 1543-05, being a bylaw to set various speed limits within the County of Newell No. 4, receive third and final reading. C-543/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw No. 1543-05 be amended by replacing "Young Road" at the beginning of paragraph 8 with "Silver Sage Road". MOTION CARRIED C-544/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw No. 1543-05 be further amended by replacing paragraph 9 in its entirety with "Range 15 ^-- Road 0 from Highway 542 to 800 metres south of the Jo-Ann Trucking ~~ Regular Council Minutes September 8, 2005 Page 3 Road - 90 kph; from 800 metres south of the Jo-Ann Trucking Road to ,- the Jo-Ann Trucking Road - 70 kph; from the Jo-Ann Trucking Road to 1000 metres north of the Jo-Ann Trucking Road - 80 kph; and from 1000 metres north of the Jo-Ann Trucking Road to the Trans Canada Highway - 50 kph". MOTION CARRIED C-545/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw No. 1543-05 be further amended by replacing paragraph 6 with "Access road from Highway #36 to Scandia: from Highway #36 to 315 metres east of Range 15 Road 5 - 90 kph; from 315 metres east of Range 15 Road 5 to the Hamlet of Scandia - 50 kph". MOTION CARRIED Council directed Administration fo include the Speed Limit Bylaw on the next Workshop Session agenda. Vote on Motion C-542/05 as amended. MOTION CARRIED 7. STAFF DELEGATIONS a. Patty Urban, Development Officer NRCB Application #LA 05029 Hutterian Brethren of Springview Confined Feeding Operation Application The Development Control Offrcer, Patty Urban, arrived at the meeting at 10:30 a.m. The Development Control Officer presented information on this item and on the data that the NRCB is requesting. She noted there were no comments or concerns from the Superintendent of Public Works or the Agricultural Fieldman; (here has been no response received to date from the Approvals Officer with regard to access; and there is a slight change in that manure will be applied to 3986.43 hectares, not 1633 hectares. C-546/05 MOVED BY COUNCILLOR W. DANIELS that we respond to the ~-- NRCB with the data as presented by the Development Control Regular Council Minutes September 8, 2005 Page 4 Officer's report dated August 29, 2005. MOTION CARRIED 2. Development Permit 2798 -Division 10, Ptn. SW 21-19-14 W4M Legalize Existing Manufactured Homes - 4 Lots C-547/05 MOVED BY COUNCILLOR C. VERMEEREN that these buildings be classified as "Manufactured Homes", being discretionary uses within the DC -Direct Control District and that approval be granted as recommended by MPC for Development Permit #2798 for a total of four manufactured home sites, including three existing manufactured homes, being a 1969, 64.38 m2 (693 ft 2) unit; a 1977, 81.38 m2 (876 ftz) unit; and a 1995, 113.71 m2 (1,224 ft2 ) unit, on lands legally described as SW 21-19-14 W4M containing 1.50 acres, however, a separate development permit will be required for placement of a structure on the vacant manufactured home site and that a variance be granted to Section 55, to permit a total of four manufactured homes, subject to the following requirements and conditions: a) The developer entering into a Roadside Development Agreement with Alberta Transportation, if required by Alberta Transportation and providing evidence of this agreement. b) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. 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 97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the DC -Direct Control District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (West) Side Rear *30 m **3 m **7.5 m Minimum distance to be maintained from public roadway right of way or secondary highway. ** Minimum distance to be maintained from property line. Regular Council Minutes Page 5 September 8, 2005 4. The proposed development complying with the Alberta '~ Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. 9. The developer ensuring an adequate supply of water is provided for domestic use. 10. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 12. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. ~" 13. The developer ensuring this development is located as shown on the site plan approved in this application and submitted August 9, 2005. Any changes to that plan shall require the written approval of the Development Officer. 14. The developer ensuring the design, character and appearance of the existing three manufactured homes are consistent with other buildings in the vicinity. 15. The developer ensuring the existing three manufactured home are skirted with materials the same as or consistent with the remainder of the building. 16. The developer ensuring adequate parking space is available for this use. 17. The developer ensuring that an appropriate form of dust suppression is maintained at this site at all times. This shall be in the form of crushed rock, pavement, or other means satisfactory to the Development Authority. 18. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 19. There being no objections received from the Agricultural Fieldman. MOTION CARRIED ~~~~ Regular Council Minutes September 8, 2005 3. ADOA 2005 Conference Page 6 The Development Offrcer presented information on the Alberta Development Officers Association 2005 Conference being held October 2 to 5, 2005 in Pincher Creek. C-548/05 MOVED BY COUNCILLOR C. VERMEEREN that the County contribute gifts in the amount of up to $200.00 for the ADOA 2005 Conference. MOTION CARRIED C-549/05 MOVED BY COUNCILLOR C. VERMEEREN that the County consider budgeting for one member of MPC to attend the 2006 ADOA Conference. MOTION CARRIED 4. Unsightly Premises This item was referred to the October 3, 2005 Workshop Session. Arrived at Meeting Cory Baksa arrived at the meeting at 11:10 a.m. Tammy Henry, County Planner, arrived at the meeting at 11: 10 a.m. Fourteen Cassils area citizens arrived at the meeting at 11:10 a.m. b. Tammy Henry, County Planner 1. Municipal Planning Committee -Old Items a. #05 LUA 007 - Pt. S'/z 5-19-15-W4 -Division 5 Dick Dick (Owner) Cory Baksa (Applicant) (Approx 39.72 ac) From A -Agricultural District to CR -County Residential District C-550/05 MOVED BY COUNCILLOR W. DANIELS that Motion No. C- 315/05, which reads as follows: MOVED BY COUNCILLOR C. VERMEEREN that frrst reading of a bylaw to change approximately 16.07 hectares (39.72 acres) of land in Pt. S% 5-19-15-W4M from A -Agricultural District to CR -Country Residential District be denied, be lifted. MOTION CARRIED Regular Council Minutes September 8, 2005 Page 7 Cory Baksa requested Council give first reading to Bylaw No. '"^ 1518-05. She is aware of residents concerns over density and water contamination, and stated the developers are willing to install advanced septic systems. If it is found that ten lots are too many, this can be addressed at the area structure plan and subdivision stage. A member of the public expressed his concerns on density and water qualify concerning this development, and stated his concerns are a fair assessment of how people in this area feel. He asked what the policy is on planning and land use in this area. The County Planner provided an explanation and outlined the processes for overall planning and development, residential development and agricultural uses. Another concerned member of the public pointed out they are not against this development, but are concerned that the water does not become contaminated. He asked how Council defines clustering. The County Planner provided an explanation. Councillor Philipsen asked the concerned citizen what density would be acceptable to him. He responded by asking if this project proceeds and the water becomes contaminated, whose responsibility would it be to address fhe contamination? He also asked how credible is the water study that was completed and would Council arrange for another company to conduct a water study? In response to a question from Reeve Douglass, fhe County Planner gave an explanation of area structure plans, and what would be required to adopt and change area structure plans. Another concerned citizen stated They have organized a committee and have had several meetings. They have gathered information concerning a fast growing urban community dealing with issues such as Phis, and requesfed they be allowed fo present this information at the next Council meeting. C-551/05 MOVED BY COUNCILLOR I. SCHROEDER that Motion No. 315- 05 be tabled. MOTION CARRIED The Concerned Citizens, Cory Baksa, Tammy Henry, Mary Anne Ocol and Kerry Volk left the meeting at 11:57 a.m. ~~ Regular Council Minutes September 8, 2005 Page 8 LUNCH Council recessed for lunch from 12:18 p.m. to 1:10 p.m. Arrived at Meeting Tammy Henry, County Planner, arrived at fhe meeting at 1:10 p.m. 2. Municipal Planning Committee -New Items a. #05 NL 015 - Pt. SW 7-20-14-W4 To subdivide approximately 4.45 hectares (10.99 acres) with a home and accessory buildings from a larger agricultural parcel C-552/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision Application 05 NL 015, for the subdivision of approximately 4.45 hectares (10.99 acres) with a home and accessory buildings from a larger agricultural parcel with the remnant agricultural parcel being consolidated with the quarter to the south, be recommended to the Subdivision Authority 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, if required. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The consolidation, by plan, of the remnant agricultural parcel with NW 6-20-14-W4M. 4. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District .and providing evidence of this agreement, if required. 7. The applicant releasing the deferred reserve caveat identified as instrument number 771 003 182 at the applicant's sole expense. l /v`ti~ Regular Council Minutes September 8, 2005 Page 9 '" 8. That all outstanding municipal taxes be paid prior to the endorsement. 9. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. MOTION CARRIED b. #05 NL 016 - Pt. SE 3-15-13-W4 -Division 1 Subdivision of recently approved 3.25 hectares (8.04 acres) Rural Residential parcel from agricultural land C-553105 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision Application 05 NL 016, for the subdivision of a recently approved 3.25 hectares (8.04 acres) Rural Residential parcel from agricultural land, be recommended to the Subdivision Authority, 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 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. 4. The applicant meeting any 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 a copy of this agreement to the County prior to endorsement. 6. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 7. That all outstanding municipal taxes be paid prior to the endorsement. 8. The applicant registering on title for the subdivided parcel, an easement to the irrigation pump and any pipelines connected to the pump in favour of the remnant agricultural parcel. C-554/05 MOVED BY COUNCILLOR A. EASTMAN that Motion No. C- 553/05 be amended by reducing the size of the parcel such that the Regular Council Minutes September 8, 2005 Page 10 dugout and pumping facility remain with the remnant parcel; by adding a condition that the applicant provide a source of water, and provide proof of the same, to the subdivided parcel which may include the installation of a cistern or a new dugout located on the subdivided parcel or another means approved by the County; by adding a condition that the applicant remove any infrastructure connecting the existing dugout with the existing dwelling; and by adding a condition that the applicant removes all irrigation acres within the proposed subdivision from the Eastern Irrigation District's water roll. MOTION CARRIED C-555/05 MOVED BY COUNCILLOR W. DANIELS that Motion No. C-553/05 be further amended by adding a condition that the applicant provide an easement in favour of the remnant agricultural parcel for the drainage ditch located on the west side of the subdivided parcel. MOTION CARRIED Vote on Motion No. C-553/05 as amended. MOTION CARRIED Arrived at Meeting Mary Anne Ocol arrived at the meeting at 1:19 p.m. d. #05 LUA 023 - Pt. SE 18-21-17-W4 -Division 6 From A -Agricultural District to LI -Light Industrial District C-556/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1544-05, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate approximately 1.16 hectares (2.87 acres) in Pt. SE 18-21-17-W4M, from A -Agricultural District to LI -Light Industrial District, be given first reading. MOTION CARRIED 10. DELEGATION Highway 1 -Corridor Management Study Henry Devos, McElhanney and Associates; Lorie Hebert, Deputy Mayor, '^ Tilley; Jim Kirwan, Mayor of Bassano, Jerry Neighbour, Administrator of ~~~ Regular Council Minutes September 8, 2005 Page 11 Bassano; Rick Baine, Superintendent of Public Works; and Terry Willis, '` Alberta Infrastructure and Transportation; arrived at the meeting at 2:01 p.m. Henry Devos presented copies of the Highway 1 -Corridor Management Study package and stated the purpose of this presentation is to provide an overview of the work being planned for the Trans Canada Highway. Terry Willis reviewed the Corridor Management Study presentation with Council. He commented the plan will be implemented over the next 30 or so years, and growth and development activities may impact this study in the future. Council asked questions to clarify several locations of interchanges, and Terry Willis reviewed the locations of proposed interchanges and the areas these interchanges would serve. Councillor Daniels commented the study seems flexible in that interchanges may be modified from what is being proposed. Councillor Vermeeren spoke of his concerns with regard to agricultural areas that are split by highways. The County Planner shared her concern on what happens with Area Structure Plans that have been adopted and are in place. Terry Willis stated that the six urban municipalities of Chestermere, Strathmore, Bassano, Brooks, Redcliff and Medicine Hat were initially ~^ contacted, but Tilley was not. Terry Willis requested That Council forward any input in response to the Study within the next month, as he is hoping to finalize his draft report by the end of September. Tammy Henry, Lorie Hebert, Jim Kirwan, Jerry Neighbour, Rick Baine, Terry Willis and Henry Devos left the meeting at 3:18 p.m. 5. STAFF DELEGATIONS CON'T c. Darin Crapo, Information Technologist Darin Crapo, Information Technologist, arrived of the meeting at 3:19 p. m. 1. September Newsletter \ Council reviewed a draft copy of the September 2005 Newell Newsletter. The Information Technologist stated all the information contained in the newsletter will be updated before publication. Regular Council Minutes September 8, 2005 2. Newsletter Mailin4 Rates Page 12 Several options were reviewed by Council on newsletter mailing rafes. C-557/05 MOVED BY COUNCILLOR W. DANIELS that The Brooks Bulletin be approved to deliver the County Newsletter at a rate of 0.04 cents per copy. MOTION CARRIED C-558/05 MOVED BY COUNCILLOR C. VERMEEREN that the County advertise for two or three weeks in the Brooks Bulletin to inform residents, who do not receive the County Newsletter, that they can request to have the County mail the newsletters to them directly. MOTION CARRIED 5. BUSINESS FROM MINUTES CON'T c. Request for Purchase of Property (Bantry Bay) '° C-559/05 MOVED BY COUNCILLOR C. VERMEEREN that the County approve a request for purchase of property located adjacent to Plan 8310857, Lot 11, and that we commence the transfer process. MOTION CARRIED 6. CORRESPONDENCE a. Foothills Little Bow Municipal Association -September 76, 2005 Agenda An agenda package was presented to Council, from the Foothills Little Bow Municipal Association, for their next meeting scheduled for September 76, 2005. b. Minister of Citizenship and Immigration -Canada's Citizenship Week A letter was presented to Council, from the Minister of Citizenship and Immigration, the Honourable Joe Volpe, requesting Council to proclaim October 17 to 23, 2005 as "Canada's Citizenship Week': Regular Council Minutes September 8, 2005 Page 13 C-560/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that we make the `~~' following proclamation: WHEREAS Canada's Citizenship Week will be held from October 17 to 23, 2005; AND WHEREAS Canada's Citizenship Week provides an opportunity to reflect on the value of citizenship and immigration and to focus on the privileges, rights, responsibilities and obligations of citizenship; AND WHEREAS new Canadians bring a strong sense of commitment to their new home, make many valuable contributions to Canada and play an important role in our economic strength and cultural diversity; AND WHEREAS the themes and values of Canadian citizenship reinforce an important message for all Canadians -that newcomers are welcome in Canada and that we all belong; AND WHEREAS all Canadians, old and new, can join together in reaffirming their commitment to Canada; THEREFORE I, Reeve Molly Douglass, do hereby proclaim the week of October 17 to 23, 2005 as "Canada's Citizenship Week" in the County ~'' of Newell No. 4. MOTION CARRIED 8. OTHER BUSINESS a. Organizational Meeting Date and Time The Organizational Meeting will be set for Monday, October 24, 2005 commencing at 10:00 a.m. b. Bylaw 1545-05 -Unauthorized Road Use/Development C-561/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1545-05, being a bylaw for the purposes of controlling and managing developments on and use of roads and prohibiting the unauthorized use of and damage to roads, receive first reading. MOTION CARRIED C-562/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1545-05 receive ~--~ second reading. Regular Council Minutes September 8, 2005 Page 14 C-563/05 MOVED BY COUNCILLOR C. VERMEEREN that consent be given to proceed with third and final reading of Bylaw 1545-05. MOTION CARRIED C-564/05 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1545-05 be given third and final reading. MOTION CARRIED UNAMINOUSLY c. Emerson Bridge Campground -Operator Contract C-565/05 MOVED BY COUNCILLOR A. ECKERT that Ed Dressel, Operator of the Emerson Bridge Campground, be permitted to transfer the Operator's Contract to Myles Desserre. MOTION CARRIED 9. CHEQUES FOR PAYMENT ~'" C-566/05 MOVED BY COUNCILLOR W. DANIELS that cheques 152877 to 153014, and 153786 to 153868 in the amount of $1,100,675.25, and Direct Debit Batch #9755 in the amount of $93,056.15, be approved. MOTION CARRIED 11. POST AGENDA ITEMS a. Brooks Boards and Blades Association Reeve Douglass stated Michael Glynn McDonald, owner of Movie Experts, is raising money for the Brooks Boards and Blades Association, and Councillors may donate if they wish to do so. b. Emergency Measures Councillor Eckert stated he received information from fhe local Red Cross looking for volunteers to help out in areas affected by hurricane Katrina. All expenses will be paid. RCMP representatives will be meeting with Council on September 20, -- 2005 at a Disasfer Services meeting. Any interested Councillors may Regular Council Minutes Page 15 September 8, 2005 attend. RCMP from the eassano Detachment will also be invited to attend. c. Palliser Economic Partnership Councillor Daniels stated that PEP received a $75,000.00 provincial grant. d. Unsightly Premises Council Vermeeren provided information on an unsightly premises complaint in Scandia. 12. COMMITTEE REPORTS a. Workshop Session 1) Meetings with Ministers at Fal! Convention and Corresponding Items for Discussion Council indicated they would like to meet with the Minister of Environment to discuss regional water but that approval from ~- the Regional Services Committee to meet wifh the Minister be obtained first. 2) AAMD&C Response to Coalbed Methane/Natural Gas in Coal Report The Administrator reviewed a draft response to a Coalbed Methane/Natural Gas in Coal Mulfi-stakeholder Advisory Committee Preliminary Findings Report. Administrafion was directed to forward Council's comments on this report. b. Municipal Councillor Daniels stated there will be a Transportation Committee meeting on Thursday, September 15th at 8:00 a.m. c. College Advisory Committee No report. d. Economic Development Committee Some Councillors attended workshop classes, which were very informative. Regular Council Minutes Page 16 September 8, 2005 '^ e. EID / Legion Scholarshiu Committee No report. f. Grasslands Regional FCSS Councillor Wutzke attended a meeting on September 7, 2005. Preparation is underway to review 2006 funding applications and one Board Member position is currently vacant. g. Newell Regional Solid Waste Management Authority Councillor Eckert stated a meeting will be held on September 22, 2005. h. Regional Services Councillor Daniels stated the Committee has received an Engineers Report but it hasn't been reviewed yet. He provided a brief update on the regional water system. i. Shortgrass Library Board No report. 12. QUESTION PERIOD/NOTICE OF MOTION There were no questions or notices of motions. 13. INFORMATION ITEMS There were no information items. 14. IN CAMERA C-567/05 MOVED BY COUNCILLOR C. VERMEEREN that we move in camera at 4:12 p.m. MOTION CARRIED C-568/05 MOVED BY COUNCILLOR C. VERMEEREN that we move out of camera at 4:15 p.m. MOTION CARRIED Regular Council Minutes September 8, 2005 ,-- 15. ADJOURN Page 17 C-569!05 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 4:16 p.m. MOTION CARRIED Reeve County Admini~or ~--