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HomeMy WebLinkAbout2005-12-08 Council (Regular) MinutesCOUNTY OF NEWELL N0.4 ,^,, MINUTES OF COUNCIL MEETING DECEMBER 8, 2005 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 8, 2005 commencing at 10:03 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eckert H. Wutzke STAFF: A. Martens, Administrator N. Moriyama, Assistant Administrator B. Broomfield, Executive Assistant OTHERS IN ATTENDANCE: R. Brown, Brooks Bulletin R. Kiedrowski, Brooks & County Chronicle 1. EXCUSED FROM MEETING No members asked to be excused from this meeting. 2. MINUTES Council Minutes -November 24, 2005 C-703/05 MOVED BY COUNCILLOR W. DANIELS that the November 24, 2005 Council minutes be adopted as presented. MOTION CARRIED Regular Council Minutes Page 2 December 8, 2005 ~~'^ 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-704/05 MOVED BY COUNCILLOR C. VERMEEREN that we adopt the agenda as presented. MOTION CARRIED 5. BUSINESS FROM MINUTES a. Fundin_g Application for Grade 4 - 6 Playaround -Bassano School A funding application, from the Friends of Bassano School Society requesting $13,451.38 to renovate and update fhe Grades 4 - 6 playground, was presented to Council C-705/05 MOVED BY COUNCILLOR I. SCHROEDER that we donate ,.- $13,451.38, less any grant funding received by the Society, from the Public Reserve Trust Fund, to the Friends of Bassano School Society for the outstanding costs of renovations to the Grade 4 - 6 playground. MOTION CARRIED b. Silver Sage Community Corral Application A funding application requesting $47,545.52 to assist with the construction of a horse boarding facility from the Silver Sage Community Corral, was presented to Council. C-706/05 MOVED BY COUNCILLOR M. NESBITT that we donate $47,545.22 from the Public Reserve Trust Fund to the Silver Sage Community Corral, for the construction of a horse boarding facility. MOTION CARRIED c. PFRA -Water Studv Program We are still awaiting further information on this item. L-/~y~~ Regular Council Minutes December 8, 2005 ,- 6. CORRESPONDENCE Page 3 a. FCM - 69th Annual Conference -Montreal -June 2 to 5 2006 An information package was presented to Council on the FCM 69rn Annual Conference and Expo to be held on June 2 to 5, 2006. C-707/05 MOVED BY COUNCILLOR A. ECKERT that we send no more than three Councillors to attend the FCM 69th Annual Conference and Expo, as a function of Council. MOTION CARRIED The following attendees were chosen by Council: Sheila Evans, Ike Schroeder and Mara Nesbitt. The following alternates were chosen by Council: Ann Marie Philipsen, Wayne Daniels, and Harold Wutzke. 7. CHEQUES FOR PAYMENT C-708/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that cheques 155155 and 155156 to 155222 in the amount of $396,690.26 and Direct Debit Batch 10062 in the amount of $97,693.36, be approved. .-~ MOTION CARRIED 11. OTHER BUSINESS b. 2006 Capital Budget The 2006 Capital Budget was presented to Council. C-709/05 MOVED BY COUNCILLOR M. NESBITT that we adopt the 2006 Capital Budget as presented. MOTION CARRIED c. 2006 Interim Operating Budget C-710/05 MOVED BY COUNCILLOR W. DANIELS that we adopt the 2005 Operating Budget as the 2006 Interim Operating Budget. MOTION CARRIED 13. POST AGENDA ITEMS ,-- There were no post agenda items. Regular Council Minutes Page 4 December 8, 2005 .-- 14. COMMITTEE REPORTS a. Municipal 1. Rural Transportation Grant Councillor Daniels distributed information on the Rural Transportation Grant, which had been presented at the AAMD&C Fall Convention. He requested Council's support in having Administration send a letter, advising of Council's concern with regard to the formula, to the RTG Grant Review Committee with copies being senf to the AAMD&C Board, the Foothills Little Bow Municipal Association President, and to all rural municipalities. Recess Council recessed from 10:56 a.m. to 11:00 p.m. Arrived at Meeting Tammy Henry, County Planner, arrived at the meeting at 10:58 a.m. 8. PUBLIC HEARINGS 05 LUA 025 - Pt. NE 30-17-73-W4M A - Agricultural District to RUR -Rural Residential District Reeve Douglass 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 1550-05, being a bylaw 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. The County Planner gave the background on this application. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no members of the public in attendance. Council was given the opportunity to ask questions of the County Planner. There were no questions. C-711/05 MOVED BY A.M. PHILIPSEN that the public hearing adjourn at 11:05 a.m. MOTION CARRIED Regular Council Minutes December 8, 2005 9. BYLAWS Bylaw 1550-05 - 05 LUA 025 Page 5 C-712/05 MOVED BY COUNCILLOR I. SCHROEDER 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, receive second reading. MOTION CARRIED C-713/05 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1550-05 receive third and final reading. MOTION CARRIED Arrived at Meeting Jamal Ramjohn arrived at the meeting at 11:10 a.m. 10. STAFF DELEGATIONS ~" a. Tammy Henry, County Planner 1. Municipal Planning Commission -New Items a. 05 ASP 007 - Pts. E '/2 & NW 34-18-14-W4, N '/2 & SW 35-18-14-W4 and Pts. 26-18-14-W4 -Division 5 Adoption of One Tree Estates, Saddle Brook Business Park and Newbrook Business Park ASP The County Planner gave the background on this application. A copy of a letter from the City of Brooks was reviewed by Council, which made reference to dry fire hydrants, and the number of individual septic systems proposed. Three amendments were made to the plan as requested at MPC: 1) a name change to the ASP as requested by the property owner; 2) any references to storm water drainage to include the fact that Alberta Environment standards will be followed; and 3) pertaining to the Highway Commercial development south of Highway 1, the location of a service road dependent upon existing and future road alignments. Jamal Ramjohn, representing the applicant, answered questions from Council. ~~p Regular Council Minutes December 8, 2005 Page 6 C-714/05 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1554- 05 to adopt the One Tree Estates, Saddle Brook Business Park and Newbrook Business Park Area Structure Plan, with amendments as noted above, be given first reading. MOTION CARRIED Arrived at Meeting Robert Perini arrived at the meeting at 12:01 p.m. b. 05 NL 025 - W %2 3-19-15-W4 -Division 5 Subdivision of approximately 18.586 ha (45.93 ac) into 8 CR Lots C-715/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 025, for the subdivision of approximately 18.586 ha (45.93 ac) into eight CR lots, 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 a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation and registration and discharge of the caveat will be at the cost of the applicant. 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. A caveat may be placed on the title for this requirement. 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 providing municipal reserve in the form of cash-in-lieu calculated at $1,723.26 per acre. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an ~~~ Regular Council Minutes Page 7 December S, 2005 appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 7. The existing deferred reserve caveat identified as instrument 771 106 312 on both certificates of title being discharged at the developer's expense. 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. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED The County Planner -Tammy Henry, Robert Perini, Jamal Ramjohn, Rob Brown and Ryan Kiedrowski left the meeting at 12:08 p.m. LUNCH Council recessed for lunch from 12:08 p.m. to 1:10 p.m. 14. COMMITTEE REPORTS CONT'D Arrived at Meetina Rob Brown arrived at the meeting at 1:13 p.m. b. Municipal Planning Commission The next Special Planning Meeting will be held on January 10, 2006 at 10:00 a.m. c. Workshop Session No report. d. Economic Development Committee No report. ~~~ ~ Regular Council Minutes December 8, 2005 e. Grasslands Regional FCSS Page 8 Councillor Wutzke reported he attended a meeting with Bassano FCSS and that Glenda Goudie is still the Chairman of the FCSS Board. The Grasslands Regional FCSS Director, Lynn Pye- Matheson, will be making a presentation at the December 22"d Council meeting. f. Grievance Committee No report. g. Regional Services Ad Hoc Committee The Administrator presented and circulated information on a proposed regional water organizational structure and on other potential shared services initiatives. These will be discussed further at the December 22"d Council meeting. h. 2006 Awards Night Ad Hoc Committee Councillor Nesbitt reported the 2006 Awards Night will be held March 18, 2006 at 5:00 p.m. The location will be decided at a later date. 11. OTHER BUSINESS CON'T a. Bylaw 1553-05 -Road Closure Bylaw -Public Hearing No one requested to be heard by Council or was in attendance to be heard by Council for this bylaw. Arrived of Meeting Tammy Henry, County Planner, arrived at the meeting at 1:32 p.m. c. 05 NL 023 - Pt. NW 5-22-14-W4 -Division 8 Subdivision of Vacant Cut-off Agricultural Parcel of approximately 2.46 ha (6.09 ac) from a larger Agricultural Parcel C-716/05 MOVED BY COUNCILLOR H. WUTZKE that Subdivision 05 NL 023 for the subdivision of a vacant cut-off agricultural parcel of approximately 2.46 hectares (6.09 acres) from a larger agricultural parcel as proposed by the applicant, be recommended to the Subdivision Authority subject to the following conditions: ~ ='~n~ Regular Council Minutes Page 9 December 8, 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 providing municipal reserve in the form of cash-in-lieu calculated at $500.00 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 land if the per acre calculation by the County is disputed by the applicant. 5. The applicant removing instruments 751 008 715 and 751 008 723 from the subdivided parcel only. Discharge of the caveats will be at the sole expense of the applicant. 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. MOTION CARRIED f. 05 NL 022 - Pt. NW 24-19-15-W4 -Division 5 Create Two Highway Commercial Lots, One Lot to be Transferred to Volker Stevin C-717/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 022, to create two highway commercial lots, one lot to be transferred to Volker Stevin, 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, if required. The ,~ applicant may be responsible for the costs associated with the installation, removal or modification of services. ~--~~ Regular Council Minutes Page 10 December 8, 2005 3. The applicant entering into an agreement with the County of Newell for the installation, upgrading and/or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant providing municipal reserve in the form of a deferred reserve caveat to be registered against the remnant Highway Commercial parcel of NW 24-19-15 W4M. The amount required for the deferred reserve will be calculated at the time the applicant provides a plan of the subdivision to the municipality for endorsement. 5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Arrived at Meeting Ryan Kiedrowski arrived at the meeting at 9:48 p.m. 12. DELEGATIONS ,--, b. Darin Crapo, Information Technologist -December Newsletter Darin Crapo, Information Technologist, arrived at the meeting at 9:48 p. m. Council reviewed the proposed County newsletter for the month of December and several changes were made. The Information Technologist and Ryan Kiedrowski left the meeting at 1:55 p.m. Recess Council recessed from 1:55 p.m. to 2:07 p.m. a. NewAlta/Alberta Environment -Landfill Development Robert Burland, Alberta Environment, Industrial Approvals Team Leader, Lethbridge District, Southern Region; Warren Scholze, NewAlta, Southern District Manager; Rhonda Rudnitski, NewAlta, Environment, Health and Safety Manager; and Pete Marshall, Adelantar Consulting, Consultant for Waste Management Products; arrived at the meeting at 2:07 p.m. Regular Council Minutes Page 11 December 8, 2005 Warren Scholze provided a brief background of NewAlta. He stated that NewAlta is interested in building a class 2 landfill within the County, and spoke on the processes required to achieve this. Rhonda Rudnitski spoke on removing oil from sand and the requirement for a site for the disposal of solids. Pete Marshall provided a presentation on the procedures required of having a private landfill developed to process the removal of oil from sand. He stated there are three options to having this approved: a comprehensive land use bylaw amendment; a site specific land use bylaw amendment; or direct control zoning. Rob Burland spoke on Alberta Environment's regulations on landfills and landfill approvals. Excused from Meeting Councillor A.M. Philipsen excused herself from the meeting at 2:37 p. m. Councillor Vermeeren enquired as to the life expectancy of a class 2 landfill cell. Rob Burland provided this information. In response to '' Councillor Schroeder's question on the reasoning for a second landfill, Rhonda Rudnitski provided an explanation. Robert Burland, Warren Scholze, Rhonda Rudnitski and Pete Marshall left the meeting at 2:55 p.m. This item was referred to the next meeting. Recess Council recessed from 2:55 p.m. to 3:00 p.m. Arrived at Meeting Rob Strom arrived at the meeting at 3:00 p.m. d. 05 NL 024 - Pt. NW 36-18-15-W4 -Division 5 Creation of 16 Light Industrial Lots, sizes varying from 0.5 ha 3.85 ha (1.24 ac to 9.51 ac) as per Jackson Light Industrial ASP Tammy Henry presented a copy of a letter from an adjacent -- landowner concerning drainage, which has been addressed. Regular Council Minutes December 8, 2005 Page 12 C-718/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 024, for the creation of 16 light industrial lots, sizes varying from 0.5 ha to 3.85 ha (1.24 ac to 9.51 ac) as per the Jackson Light Industrial ASP, 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 a 9.5 metre easement 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 applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation and registration and discharge of the caveat will be at the cost of the applicant. Items in the agreement will include the construction of the dugout on proposed lot 5, construction of a fence along the west property line and the requirement of a letter of credit. ,-- 4. 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. 5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant providing a landscaping plan for the west, north and east boundaries of the entire site. 7. The applicant submitting and receiving approval from Alberta Infrastructure and Transportation for a Traffic Impact Assessment for the site and providing evidence of the approval. 8. The applicant meeting any other conditions required by Alberta Infrastructure and Transportation. 9. That all outstanding municipal taxes be paid prior to endorsement. 10. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $6,088.32 per acre. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an ~- ~1W~~ Regular Council Minutes Page 13 December 8, 2005 appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. MOTION CARRIED Rob Strom left the meeting at 3:05 p.m. e. 05 NL 026 - Pt. NE 8-19-14-W4 -Division 10 Subdivision of Industrial Parcel to Create Three Parcels C-719/05 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 026, for the subdivision of an industrial parcel to create three parcels, 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 or removal of any ;required road approaches to the proposed parcels. A caveat may be placed on the title for this requirement. 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 providing and obtaining approval for the construction of a static water supply on one of the proposed lots to the satisfaction of the Director of Protective Services. 6. That all outstanding municipal taxes be paid prior to endorsement. 7. Landscaping being provided along the south portion of proposed lot 4. C-720/05 MOVED BY COUNCILLOR W. DANIELS that Motion C-719/05 be amended to include an additional condition as follows: 8. The developer not being able to build within 30 metres from right of way plan 8410785 on proposed lot 4, in order to protect the Eastern Irrigation District's drain. MOTION CARRIED Regular Council Minutes December 8, 2005 Vote on Motion C-719/05 as amended. Page 14 MOTION CARRIED 15. QUESTION PERIOD/NOTICE OF MOTION The County Planner reminded everyone present of the Development Control Officer's farewell party. Councillor Eckert stated he has been appointed to an Encana compensation review committee. 16. INFORMATION ITEMS The caretaking contract for the administration building has been awarded to DVD Enterprises for a one year period. C-721/05 MOVED BY COUNCILLOR C. VERMEEREN that Reeve Douglass be compensated for attending extra Family and Community Support Services events as a function of Council. MOTION CARRIED 17. IN CAMERA C-722/05 MOVED BY COUNCILLOR H. WUTZKE that we move in camera at 3:29 p.m. MOTION CARRIED C- 723/05 MOVED BY COUNCILLOR C. VERMEEREN that we move out of camera at 4:39 p.m. MOTION CARRIED C-724/05 MOVED BY COUNCILLOR C. VERMEEREN that the County issue fines against UFCW Local 401 for the unauthorized occupation of the Gun Club Road and the Airport Road and that the County pursue compensation for damages on the Gun Club Road resulting from this unauthorized occupation. MOTION CARRIED C-725105 MOVED BY COUNCILLOR M. NESBITT that we accept Dillon Consulting's proposal to provide interim Development Control Officer services. MOTION CARRIED .~~~, D r^ Regular Council Minutes December 8, 2005 18. ADJOURN Page 15 C-726/05 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 4:40 p.m. MOTION CARRIED ~,~. Reeve County Administrator