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Home My WebLink About2005-11-10 Council (Regular) Minutesi •~ i !. ~• ~ ~, ~ i .r/ ~ ~ rep'' .- -~ r ice` 1 C-652/05 i COUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING NOVEMBER 10, 2005 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, November 10, 2005 commencing at 10:00 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke STAFF: A. Martens, Administrator N. Moriyama, Assistant Administrator B. Broomfield, Executive Secretary OTHERS IN ATTENDANCE: IN CAMERA M. Ocol, Brooks Bulletin MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at 10:00 a.m. MOTION CARRIED C-653/05 MOVED BY COUNCILLOR C. VERMEEREN that we move out of camera at 10:07 a.m. MOTION CARRIED 2. ~,.. ~. EXCUSED FROM MEETING All members were in attendance at this meeting. ~-~~~ Regular Council Minutes November 10, 2005 Page 2 3. MINUTES Council Minutes -October 20, 2005 C-654/05 MOVED BY COUNCILLOR C. VERMEEREN that the October 20, 2005 Council minutes be adopted as presented. MOTION CARRIED Organizational Minutes -October 24, 2005 C-655/05 MOVED BY COUNCILLOR M. NESBITT that the October 24, 2005 Organizational minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda ifems. 5. ADOPTION OF AGENDA ,-- C-656/05 MOVED BY COUNCILLOR I. SCHROEDER that we adopt the agenda as amended. MOTION CARRIED 6. BUSINESS FROM MINUTES a. PFRA -Water Study Program C-657/05 MOVED BY COUNCILLOR M. NESBITT that we refer this item to our next meeting on November 24, 2005. MOTION CARRIED b. Fundin_g Application for Grade 4 - Playground at Bassano School C-658105 MOVED BY COUNCILLOR M. NESBITT that we refer this item to our December 8, 2005 meeting. MOTION CARRIED vr~~ Regular Council Minutes Page 3 November 10, 2005 -- c. Approach Concern -Plan 6866 JK, Parcel A C-659/05 MOVED BY COUNCILLOR H. WUTZKE that we allow the three approaches on Plan 6866 JK, Parcel A to remain. MOTION CARRIED 6. CORRESPONDENCE a. Correctional Services Canada -Restorative Justice Week 2005 A letter from Correctional Services Canada requesting that we proclaim the week of November 13 to 20, 2005 as "Restorative Justice Week 2005'; was accepted as information. b. Partners in Tourism 2006 Operatin_g Budget A donation request was submitted to Council, from Partners in Tourism, for $5000.00. C-660/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that we support the Partners in Tourism Committee funding request for 2006 in the amount of $5000.00. MOTION CARRIED c. D.A. Dick -Application Concern A letter was presented to Council from a developer regarding his application for a land use amendment in the Cassils area, which contained several concerns. C-661105 MOVED BY COUNCILLOR C. VERMEEREN that we respond to the writer's concerns and note that we will follow our procedure recently outlined, but that if the writer would like to see the process changed, that he approach the MPC for their consideration and recommendations. MOTION CARRIED 7. CHEQUES FOR PAYMENT C-662/05 MOVED BY COUNCILLOR Evans that cheques 152693 to 152802, 154158, 154191 and 154192 in the amount of $4,519,720.24, and Direct Debit Batches 9995 and 9935 in the amount of $346,625.95, be approved. ,-- MOTION CARRIED ~.v~~ Regular Council Minutes November 10, 2005 Recess Council recessed from 11:03 a.m. fo 11:07 a.m. Arrived at Meeting Page 4 Tammy Henry -County Planner, Ida Liscum, Dennis Peatman, Lydia Traichel, Heinz Traichel, Sandy Traichel, Kristi Beunder -Dillon Consulting, and Robert Perini arrived at the meeting at 11:04 a.m. 8. PUBLIC HEARINGS a. 05 LUA 024 - Pt. N % 24-18-15-W4 -Division 5 A - A_gricultura/ District to 1-Industrial District Reeve Douglass called the Public Hearing to order at 11:09 a.m. ,~- The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1546-05, to amend Land Use Bylaw 1443-03 to redesignate approximately 127.737 hectares (315.89 acres) in Pt. N % 24-18-15-W4M, from A -Agricultural District to I - Industrial District. The County Planner gave the background on this application. Reeve Douglass reviewed the procedures that would be followed for the hearing. There were no persons in attendance speaking either in favor or in opposition to the proposed rezoning. Council was given the opportunity to ask questions of the County Planner. There were no questions. b. 05 ASP 004 - Pt. NW 36-18-15-W4 Adoption of Jackson Light Industrial Area Structure Plan Reeve Douglass 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 1547-05, being a bylaw to adopt the Jackson Light Industrial Development Area Structure Plan. The County Planner gave the background on this application. A copy of a letter from adjacent landowners was reviewed by Council, which \ f ~4) Regular Council Minutes November 10, 2005 Page 5 .~- contained three concerns: 1) That a noise bylaw be included in the subdivision agreement. Ms. Henry commented that a noise bylaw has never been a requirement for a specific application; 2) that a 20 meter buffer be included on the west side of the property. Ms Henry commented this has been addressed; and 3) that there be an eight foot chain link fence on the east side of the above buffer area. Ms. Henry noted a development permit would be required for a fence if it is larger than two meters. There is a slight reconfiguration of lots, which shouldn~ affect the ASP. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional individuals present. There were no persons in attendance speaking either in favor or in opposition to the proposed rezoning. Council was given the opportunity to ask questions of the County Planner. In response to several questions of Council, Ms. Henry stated that the writers of the letter will be notified that their concerns will be addressed at the subdivision stage, and explained the proposed use of the land. c. 05 ASP 005 - Pt. W % 3-79-W4 "~ Adoption of Sunset Trail Area Structure Plan Reeve Douglass called the Public Hearing to order at 11:17 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1548-05, being a bylaw to adopt the Sunset Trail Area Structure Plan. The County Planner gave the background on this application. Several changes from the previous package were highlighted by Ms. Henry. She has not received any comments with regard to the ASP from adjacent neighbors. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional individuals present. Robert Perini stated he will be in contact with Alberta Infrastructure and Transportation for clarification of their comments in regard to access to his proposed subdivision. Councillor Vermeeren asked a question on sub-surface drainage, if there are any links to permeable soils, and how this would affect the western side of the property. Ms. Henry responded that only typical drainage patterns will be noted, and this ,.~-~ will be addressed at the subdivision stage. ~'~ Regular Council Minutes November 10, 2005 Page 6 ~-- Council discussed the type of sanitary services, either a communal system or a septic system, required in this proposed subdivision. Ms. Henry suggested an amendment to clause 7.2.1. of the Sunset Trail Area Structure Plan fo address Council's concerns on septic fields. Kristi Beunder commented she would have no objection to the County Planner's amendment of this clause. d. 05 ASP 006 - Pt. SW 27-78-74-W4 Amend Lon_g Range Uses for East Silver Sage Area Structure Plan Reeve Douglass called the Public Hearing to order at 11:32 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1549-05, being a bylaw to amend the long range uses for the East Silver Sage Area Structure Plan. The County Planner gave the background on this application. A letter plus a petition was received from area residents opposed to the potential health hazards of a sandblasting business. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional individuals present. r The applicants stated their nearest neighbors are % mile away and it is their intention to enclose the operation, and/or buffer the property to minimize dust. The plant has regular hours and noise is kept to a minimum. Ida Liscum, Gary MacDonell and Dennis Peatman all expressed their concerns on the amount of dust and noise from fhe operation, and stated they are opposed to having the long range use of the area changed from agricultural/recreational to industrial. Dennis Peatman advised he is working closely with OH&S and Alberta Environment, who will be sending inspectors to the site. The area in question was outlined and clarified for Council. It was noted that not all adjacent landowners were notified. The County Planner explained how the notification process takes place. The applicants commented that up fo this point they had not spoken to any of the landowners and were not aware of (heir concerns, but are willing to work with these landowners. Tammy Henry -County Planner, Ida Liscum, Dennis Peatman, Lydia -- Traichel, Heinz Traichel, Sandy Traichel, Kristi Beunder -Dillon ~,r,,.-~ Regular Council Minutes Page 7 November 10, 2005 Consulting, Robert Perini and Mary Anne Ocol left the meeting at 12:10 p.m. LUNCH Council recessed for lunch from 12:11 p.m. to 1:02 p.m. 9. BYLAWS Councillors Wutzke, Daniels, Schroeder and Eastman were absent for this portion of the meeting. a) Bylaw 1546-05 - 05 LUA 024 C-663/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1546-05 to amend Land Use Bylaw 1443-03 to redesignate approximately 127.737 hectares (315.89 acres) in Pt. N '/Z 24-18-15-W4M, from A - Agricultural District to I -Industrial District, receive second reading. MOTION CARRIED C-664/05 MOVED BY COUNCILLOR M. NESBITT that Bylaw #1546-05 receive third and final reading. MOTION CARRIED Arrived at Meeting Councillors Wutzke, Daniels, Schroeder and Eastman arrived at the meeting at 1:03 p.m. b) By/aw 1547-05 - 05 ASP 004 C-665/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1547-05 to adopt the Jackson Light Industrial Area Structure Plan, receive second reading. MOTION CARRIED C-666/05 MOVED BY COUNCILLOR M. NESBITT that Bylaw #1547-05 receive third and final reading. MOTION CARRIED ,~- Regular Council Minutes November 10, 2005 .-- Arrived at Meeting Page 8 County Planner, Tammy Henry, Doug Bell, Mary Anne Ocol, Lawrence and Deborah Hertz, and Betty Stica arrived at the meeting at 1:18 p.m. 10. STAFF DELEGATIONS a. Tammy Henry, Planner 2. Municipal Planning Commission -New Items b. 05 NL 019 - Pts. NW 25-18-15-W4 & SW 36-18-15-W4 Subdivision of approximately 4.54 hectares (11.22 acres) into three Country Residential lots from a large agricultural parcel C-667/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 019, for the subdivision of approximately 4.54 hectares (11.22 acres) into 3 Country Residential lots from a larger agricultural parcel, 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. A caveat may be placed on the title for this requirement. 4. The applicant consolidating the remnant portion of SW 36- 18-15 W4M with the remnant portion of NW 25-18-15 W4M by plan. 5. The applicant registering a caveat for the dedication of a 10- metre strip of land along the westerly boundary of a portion of NW 25-18-15 W4M and SW 36-18-15 W4M for future road widening in favour of the County of Newell No. 4. 6. The applicant applying and obtaining a temporary permit for the second dwelling on the proposed northerly country '^ residential parcel. ~' Regular Council Minutes Page 9 November 10, 2005 7. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $3,489.00 per acre. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of the land if the per acre calculation by the County is disputed by the applicant. 8. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 9. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 10. The applicant removing all irrigation rights from the newly created country residential parcels. 11. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED c. 05 NL 020 - Pt. NE 19-21-16-W4 -Division 7 Subdivision of recently approved 12.951 hectare (32 acre) '" Rural Residential parcel from agricultural land C-668/05 MOVED BY COUNCILLOR I. SCHROEDER that Subdivision 05 NL 020, for the subdivision of a recently approved 12.951 hectare (32 acre) 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. \. 'yV~~ Regular Council Minutes Page 70 November 10, 2005 .- 5. The applicant removing all irrigation acres within the proposed subdivision from the Eastern Irrigation District's water roll. 6. 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. 7. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Lawrence and Deborah Hertz, Doug Bell and Betty Stica !eft the meeting at 1:24 p.m. 9. BYLAWS CON'T c) By/aw #1548-05 - 05 ASP 005 ~" C-669/05 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1548-05, being a bylaw to adopt the Sunset Trail Area Structure Plan, receive second reading. MOTION CARRIED C-670/05 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1548-05 receive third and final reading. C-671/05 MOVED BY COUNCILLOR C. VERMEEREN that the Sunset Trail Area Structure Plan be amended by including in clause 7.2.1 that the mound system is a minimum requirement and that the County may require an alternate septic system. MOTION CARRIED Vote on third reading as amended. MOTION CARRIED d) Bylaw 1549-05 - 05 ASP 006 C-672/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1549-05 to amend the East Silver Sage Road Area Structure Plan, Bylaw 1452- "' 04, to amend the long range use for a Pt. of SW 17-28-14-W4M from \.%YV~{~ Regular Council Minutes Page 11 November 10, 2005 .~- Agricultural/Recreational use to Industrial use, receive second reading. C-673105 MOVED BY COUNCILLOR A.M. PHILIPSEN that Motion C-672/05 be tabled. MOTION DEFEATED Vote on Motion C-672/05 -MOTION DEFEATED County Planner, Tammy Henry, left the meeting at 1:52 p.m. 11. DELEGATIONS a. Eastern Irrigation District - High Speed Internet Arrived at Meeting Darin Crapo -Information Technologist, Kevin Bridges -Assistant General Manager, EID; Randy Hayes -Internet Business Manager, EID; Jemma Smith -Information Services/Internet, EID; and Mark Porter -Information Services/GIS, EID, arrived of the meeting of 9:53 p. m. Kevin Bridges and Randy Hayes presented a power point presentation on the EIDNet Wireless Internet. Their presentation provided an update on their expected initial coverage, nefwork upgrades, and expansion forecasts. Darin Crapo, Kevin Bridges, Randy Hayes, Jemma Smith and Mark Porter left the meeting at 2:49 p.m. Recess Council recessed from 2:49 p.m. to 2:55 p.m. Arrived at Meeting County Planner, Tammy Henry, arrived at the meeting at 2:55 p.m. Regular Council Minutes November 10, 2005 ,•- 10. STAFF DELEGATIONS a. Tammy Henry, Planner 1. Municipal Planning Commission -Old Items a. Cassils Area Structure Plan Boundaries Page 12 A letter from the Cassils Community Action Group along with their revised proposed boundary for the Cassils ASP was presented to Council. C-674/05 MOVED BY COUNCILLOR I. SCHROEDER that we approve the boundaries as presented by Councillor Vermeeren for the Cassils ASP, that we request proposals for this area structure plan including two schedules: one to be done using a phase 1 hydrogeological study and the second using a phase 2 geological study. h~ olr~ A~~ MOTION CARRI~ 2. Municipal Planning Commission -New Items ,-- a. 05 LUA 025 - Pt. NE 30-17-13-W4 -Division 2 A -Agricultural District to RUR -Rural Residential District C-675/05 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1550-05 to amend Land Use Bylaw 1443-03 to redesignate approximately 2.96 (7.31 acres) in Pt. NE 30-17-13-W4M from A -Agricultural District to RUR -Rural Residential District, requiring a variance to regulation 81.7(2) of the County's Land Use Bylaw, be given first reading. MOTION CARRIED d. 05 NL 021 - Pt. NW 17-14-13-W4 -Division 1 Subdivision of recently approved 2.02 hectare (5 acre) Rural Residential parcel from agricultural land (boundary adjustment to increase the size of the existing subdivided lot C-676/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 021, for the subdivision of a recently approved 2.02 hectare (5 acre) Rural Residential parcel from agricultural land (boundary adjustment to increase the size of the existing subdivided lot), be recommended to the Subdivision Authority subject to the following ''~ conditions: \.'V1Y~ Regular Council Minutes Page 13 November 10, 2005 ,~- 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. Tammy Henry, County Planner, left the meeting at 3:26 p.m. ~ ~J c.~zz~i~ A ~. 12. OTHER BUSINESS ~~`~ a. Bylaw 1532-05 -Road Closure (Ro/lin_g Hills Reservoir) C-677/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1532-05, being a bylaw for the purpose of closing to public travel those portions of statutory road allowances which lie within Plan 0511013, Title 1, Area A, containing 2.41 hectares (5.95 acres) more or less, and Title 2, Area B, containing 19.63 hectares (48.48 acres) more or less, and that the road allowances be purchased by the Eastern Irrigation District, receive second reading. MOTION CARRIED C-678/05 MOVED BY COUNCILLOR 1. SCHROEDER that Bylaw 1532-05 be given third and final reading. MOTION CARRIED ~~~~ Regular Council Minutes November 10, 2005 ~- b. Fall Convention Resolutions Page 14 AAMD&C Fall 2005 Convention Resolutions were presented to Council and reviewed. 13. POST AGENDA ITEMS a. Hon. Lyle Oberg, Minister, Alberta Infrastructure and Transportation -Ceremony to designate Highway 36 as Veterans Memorial Hi_ghwav A letter was presented to Council from the Minister, Infrastructure and Transportation, on renaming Highway 36 as the Veterans Memorial Highway, and inviting Council to attend the official unveiling. C-679/05 MOVED BY COUNCILLOR C. VERMEEREN that Reeve Douglass be permitted to attend this event as a function of Council. MOTION CARRIED b. Electronic Cheaue Si_gnin_g Unit Administration requested permission to purchase a new electronic cheque signing unit in the amount of $2000.00. C-680/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that we approve the purchase of an electronic cheque signing unit in the amount of $2000.00 and that this be financed from the Office Supplies budget, and any further funds, if required, be financed from other Administration function surpluses. MOTION CARRIED 14. COMMITTEE REPORTS a. Workshop Session 7. Economic DevelopmentlTourism Advisory Committee Strategic Management Plan C-681/05 MOVED BY COUNCILLOR H. WUTZKE that we ratify the Economic Development/Tourism Advisory Committee Strategic Management Plan. ,.- MOTION CARRIED ~,'Y`~> Regular Council Minutes November 10, 2005 Page 15 ,.~ 2. Special P/annin_g Meetin_g A Special Planning Meeting will be held on November 30, 2005 at 10:00 a.m. in Council Chambers. Councillor IAk~ke will chair this meeting. S~~'tr-ate' f3-isr , b. Municipal ~;~~Ir.l~. ~~ ' No report. c. Economic Development Committee A written report was submitted by Doug Erdman, Economic Development and Tourism Coordinator, for October 2005. d. Grasslands Regional FCSS Councillor Wutzke reported interviews have been held, and funding allocations will be decided in the near future. e. Municipal Budget Committee The next Municipal Budget Committee meeting will be held on ~- November 22, 2005 at 10:00 a.m. f. Newell Regional Solid Waste Management Authority A meeting will be held on November 17, 2005 at 7:00 p.m. g. Shortgrass Library Board Councillor Philipsen was given the Shortgrass Library Board policy manual from our outgoing member, Councillor Daniels. h. Subdivision and Development Appeal Board No report. i. 9-1-1 There will be a meeting on November 17, 2005 at 12:00 p.m. 15. QUESTION PERIOD/NOTICE OF MOTION `-- Councillor Nesbitt advised that the Brooks & District Museum are requesting sponsors for their Christmas Basket Silent Auction from interested groups for ~~ I , "~'~ Regular Council Minutes Page 16 November 10, 2005 their Annual Victorian Christmas Tea being held December 4, 2005 from 2:00 to 5:00 p.m. 16. INFORMATION ITEMS Alcoma School Thank You 17. IN CAMERA C-682/05 MOVED BY COUNCILLOR A. EASTMAN that we move in camera at 4:26 p.m. MOTION CARRIED C-683/05 MOVED BY COUNCILLOR H. WUTZKE that we move out of camera at 5:31 p.m. MOTION CARRIED C-684/05 MOVED BY COUNCILLOR A. ECKERT that we cancel $1000.00 of Accounts Receivable. MOTION CARRIED 18. ADJOURN C-685/05 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 5:32 p.m. MOTION CARRIED Reeve ~~~, ~ ~~ County Administrator