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Home My WebLink About2006-02-09 Council (Regular) MinutesCOUNTY OF NEWELL N0.4 MINUTES OF COUNCIL MEETING FEBRUARY 9, 2006 C-37/06 1. The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 9, 2006 commencing at 10:04 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve W. Daniels I. Schroeder A. Philipsen C. Vermeeren S. Evans A. Eastman A. Eckert H. Wutzke STAFF: A. Martens, Administrator N. Moriyama, Assistant Administrator B. Broomfield, Executive Assistant OTHERS IN ATTENDANCE: K. Rothbauer, Brooks Bulletin R. Kiedrowski, Brooks & County Chronicle EXCUSED FROM MEETING MOVED BY COUNCILLOR A. ECKERT that Councillor Nesbitt be excused from the meeting. MOTION CARRIED C-38/06 2. MINUTES Council Minutes -January 19, 2006 MOVED BY COUNCILLOR A.M. PHILIPSEN that the January 19, 2006 Council minutes be adopted as presented. MOTION CARRIED ~ /~mQ Regular Council Minutes Page 2 February 9, 2006 ~-- 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-39106 MOVED BY COUNCILLOR C. VERMEEREN that we adopt the agenda as amended. MOTION CARRIED 5. BUSINESS FROM MINUTES a. PFRA Water Study Program A letter on a Regional Groundwater Assessment received from the Cypress County Planner was presented to Council. Administration stated the study would cost a total of $75,000.00, of which PFRA would pay $52, 500.00 and our share would be $17, 500.00. C-40106 MOVED BY COUNCILLOR C. VERMEEREN that we proceed with a PFRA Water Study at a County cost of $17,500.00. MOTION DEFEATED b. Drumheller -Red Deer River Municipal Users Group A letter from the Town of Drumheller, an agenda package for the Red Deer River Municipal Users Group and Business Plan, were presented to Council. Information was provided in the letter from the Town of Drumheller, in response to Administration's request, on how the Red Deer River Municipal Users Group (RDRMUG) differs from the Red Deer River Basin Watershed Alliance (Alliance). C-41106 MOVED BY COUNCILLOR W. DANIELS that we become a member of the Red Deer River Municipal Users Group, and pay the $.50 per capita fee to join this group, for a total cost of $3568.50. C-42/06 MOVED BY COUNCILLOR A. ECKERT that Motion C-41/06 be tabled. MOTION DEFEATED ~_.,~ Regular Council Minutes Page 3 February 9, 2006 ~^ Vote on Motion C-41/06 -MOTION CARRIED C-43/06 MOVED BY COUNCILLOR I. SCHROEDER that Councillor Eastman represent the County of Newell on the Red Deer River Municipal Users Group. MOTION CARRIED 6. CORRESPONDENCE a. NewAlta -Landfill Development A letter from NewAlta on a Landfill Developmenf in the County of Newell was presented to Council. Council will discuss this item further as an In Camera item. b. Town of Strathmore -Mutual Aid Agreement A copy of a draft Mutual Aid Agreement between the Town of Strathmore and the County of Newell No. 4 was presented to Council. C-44/06 MOVED BY COUNCILLOR C. VERMEEREN that we enter into the `'"' proposed Mutual Aid Agreement with an additional clause added that notes the requesting party would indemnify the responding party for damages done to the responding party's equipment. MOTION CARRIED 7. CHEQUES FOR PAYMENT C-45106 MOVED BY COUNCILLOR A.M. PHILIPSEN that cheques 155507 to 155604 in the amount of $432,575.40 and Direct Debit Batches 10254, 10295 and 10306 in the amount of $43,837.86, be approved. MOTION CARRIED 11. OTHER BUSINESS a. Division 5 and 70 Recreation Board Requisition Increase C-46/06 MOVED BY COUNCILLOR H. WUTZKE that the County approve the requisition increase for the Division 5 and 10 Recreation Board from $80,000 to $90,000, commencing in 2006. ,-- MOTION CARRIED .,v~^ D Regular Council Minutes Page 4 February 9, 2006 r- b. Purchase of Fax Machines C-47/06 MOVED BY COUNCILLOR A. ECKERT that we proceed with the purchase of five fax machines from the 2006 budget. MOTION CARRIED c. February 23`d Council Meetin_g The date of the February 23, 2006 Council meeting was not changed. Recess Council recessed from 10:57 a.m. to 11:00 a.m. Arrived at Meeting Tammy Henry, County Planner arrived at the meeting at 11:00 a.m. Cory Baksa, Dennis Pommen, Larry Springer and Donna Wallace arrived at the meeting at 11:01 a.m. 8. PUBLIC HEARING a. 05 LUA 027 - Pt. S'/Z 5-19-15-W4M, Ry 11 A -Agricultural District to I -Industrial District Reeve Douglass called the Public Hearing to order at 11:02 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1557-06. Bylaw 1557-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the S % 5- 19-15-W4 from the Agricultural District to the Industrial District. The County Planner gave the background on this application. Two letters were received with regard to this application; one from Canadian Pacific Railway on commercial/industrial development adjacent to the CPR, and the other from a concerned citizen on safety concerns. Reeve Douglass reviewed the procedures that would be followed for the hearing. Dennis Pommen provided a brief introduction and outlined the details ,-- ofthis application. !n order to transfer his land to CPR, the zoning has to be changed Regular Council Minutes February 9, 2006 Page 5 .^ Cory Baksa, acting as agent for Dick Dick, presented a copy of her speaking notes in opposition to the application to Council, and requested that second and third readings of the bylaw to approve the application be tabled until an ASP is adopted for the Cassils area. Some of the concerns she noted were: 1) Mr. Dick applied for a land use amendment in March 2005 and his application was opposed by the Cassils Community because of density and water concerns 2) Mr. Dick arranged for a preliminary ground water evaluation, which was completed 3) A draft ASP was suggested for Mr Dick's land, which was not accepted by the County of Newell No. 4 4) A request from Mr. Dick to have an existing residence subdivided was refused as the parcel did not fall under County guidelines 5) While Mr. Dick's land use amendment was tabled, the County received and approved an application fora C/R land use amendment approximately one mile east of Mr. Dick's land 6) In October 2005, the County decided to conduct an overall ASP for the Cassils area 7) 05 LUA 027is for a major change in land use. CPR states the ,^ use is not changing and the reason for the application is financial. The operation is a legal non-conforming use; therefore, the use can continue 8) If one developer has to waif, why not all developers. Dennis Pommen sfated that `~"'~an eel with Dick Dick's concerns, but noted that his application is different and requested that Council consider approving his application. Council was given the opportunity to ask questions of Dennis Pommen and Cory Baksa. The Public Hearing was adjourned at 11:14 a.m. The County Planner, Cory Baksa, Dennis Pommen, Larry Springer, Donna Wallace, K. Rothbauer and R. Kiedrowski left the meeting of 11:14 a.m. Excused from Meeting Councillor Schroeder excused himself from the remainder of the meeting. ,~-- ~' Regular Council Minutes Page 6 February 9, 2006 9. RECESS Council recessed from 11:14 a.m. until 1:04 p.m. Arrived at Meetin_g Tammy Henry, the County Planner, arrived at the meeting at 1:04 p.m. 10. BYLAWS a. Bylaw 1557-05 - 05 LUA 027 C-48/06 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1557-06, being a bylaw to amend Land Use Bylaw 1443-03 to rezone approximately 3.86 hectares (9.538 acres) from A -Agricultural District to I - Industrial District in Pt. S'/2 5-19-15-W4M, Ry 11, receive second reading. MOTION CARRIED C-49106 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1557-06 receive third and final reading. C-50/06 MOVED BY COUNCILLOR C. VERMEEREN that Motion C-49/06 be tabled. MOTION CARRIED Arrived at Meeting K. Rothbauer arrived at the meeting at 1:06 p.m. 12. STAFF DELEGATIONS a. Tammy Henry, County Planner 1. Municipal Planning Commission -New Items c. 06 LUA 001 - Pt. SE 19-19-14-W4 -Division 10 Lakeside Farm Industries Ltd (Owner)/Doug Bell, Lakeside Industries (Applicant) (Approx. 1.72 ac) AI -Agricultural Industrial District to DC -Direct Control District ~~ Regular Council Minutes February 9, 2006 Page 7 -~^ C-51/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1559- 06, to amend Land Use Bylaw 1443-03 by redesignating approximately 0.697 hectares (1.72 acres) from AI - Agricultural Industrial District to DC -Direct Control District, be given first reading, and that the fees be waived for this application. MOTION CARRIED b. 05 NL 027 - Pt. SE 24-19-14-W4 -Division 10 City of Brooks (Owner)/Maurice Landry (Applicant) Reconfiguration of 5 lots at the Brooks Airport C-52/06 MOVED BY COUNCILLOR A. EASTMAN that Subdivision 05 NL 027 for the reconfiguration of five lots at the Brooks Airport, 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. 3. The applicant providing an easement in favor of ATCO Gas for an existing gas line. 4. 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. 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 Tammy Henry, County Planner, left the meeting at 1:13 p.m. 13. POST AGENDA ITEMS \~~ 1"y p A-r'-. a. AAIVI~&C 2006 Sprin_g Convention Call ,- A package was presented to Council from AAMD&C containing the Convention Call, Draft Convention Program and Registration Form, for ~~ Regular Council Minutes Page 8 February 9, 2006 the Spring 2006 Convention being held from March 27 to 29, 2006. Council was asked to confirm their attendance for the convention. b. Scandia Support Councillor Vermeeren provided an update on a fund raising auction that was held to replace the roof to the Scandia Community Hall. Reeve Douglass will send a letter of support on behalf of the County for fhis project. c. Mayors and Reeves Update Reeve Douglass provided a report on a Mayors and Reeves meeting she attended on February 3, 2006 in Redcliff. Topics discussed at the meeting included the hospitals in Brooks and Medicine Haf; the Canadian Badlands concept; the plight of Agriculture; Highway 47 improvement; twinning of Highway 3; Wild Horse Border Crossing; Airports; and the upcoming MLA Round Table on February 24th in Medicine Haf. C-53/06 MOVED BY COUNCILLOR C. VERMEEREN that we send a letter to the Minister of Health and Wellness, Iris Evans, stating our support for the required facilities of the Palliser Health Region. MOTION CARRIED 14. COMMITTEE REPORTS a. Municipal 1. Bylaw 1564-06 -Road Closure Bylaw -Portion of Road Plan 9212202 -Patrick Cox C-54/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1564-06, being a bylaw for the purpose of closing to public travel and disposing of that portion of road plan 9212202 located within the NE'/4 11-25-16- W4, receive first reading. MOTION CARRIED b. Subdivision and Development Appeal Board No report. ~1~ Regular Council Minutes Page 9 February 9, 2006 ^ c. Workshop Session 1) General Government Expenditures Per Capita Administration presented information on general government expenditures per capita. 2) Actions to Effective Communications Workshop Information on an Actions to Effective Communications Workshop was presented to Council from Alberta Municipal Affairs. Council was asked to confirm their attendance for this workshop. C-55/06 MOVED BY COUNCILLOR C. VERMEEREN that Council be permitted to attend the Actions to Effective Communications Workshop at either Lethbridge, Medicine Hat or Hanna as a function of Council MOTION CARRIED d. Disaster Services Committee No report. e. Economic Development A report and Issue Sheet from Doug Erdman, the Economic Development and Tourism Coordinator, was presented to Council. C-56/06 MOVED BY COUNCILLOR W. DANIELS that the County of Newell No. 4 designate the 2005 Economic Development and Tourism surplus to a reserve to support opportunistic wealth generating initiatives by the Economic Development and Tourism function. MOTION CARRIED f. Foothills Little Bow Municipal Association No report. g. Newell Regional Solid Waste Management Authority Councillor Eckert repor~#here will be a meeting on February 16, 2006. u~ Regular Council Minutes Page 10 February 9, 2006 ~- h. Regional Services Ad Hoc Committee The dates of February 27 or 28, and March 2, 2006 were proposed for a Regional Services Ad Hoc Committee meeting. Arrived at Meeting Tammy Henry, County Planner, Connie Petersen and Karen Peters - Midwest Surveys, Ray Torkelson, Norman Torkelson, Brad Torkelson, Nelson Hooley and Rod Turuk arrived at the meeting at 2:09 p.m. 12. STAFF DELEGATIONS CON'T a. Tammy Henry, County Planner Municipal Planning Commission -New Items a. 06 NL 001 - Pt. NE 30-17-13-W4 -Division 2 Herbert & Frances Norden (Owner)/Connie Petersen (Applicant) Subdivision of recently approved 2.96 hectares (7.31 acres) Rural Residential parcel from Agricultural Land C-57/06 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 06 NL 001 for the subdivision of recently approved 2.96 hectares (7.31 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 meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. 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. 5. The applicant meeting all of Alberta Infrastructure and Transportation requirements. Regular Council Minutes Page 11 February 9, 2006 ,-. 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. MOTION CARRIED c. 05 LUA 026 - Pt. NW 2-21-14-W4 -Division 8 Plan 8811786, Block 1 Norman & Edna Torkelson (Owner)/Raymond Torkelson (Applicant) (Approx. 8.57 ac) A -Agricultural District to CR -Country Residential District Tammy Henry provided the background on this application. Brad Torkelson, speaking on behalf of the owner, Norman Torkelson, read aloud from a letter stating their reasons in favor of the application. Rod Turuk was in attendance and spoke in opposition to this proposed land use amendment. C-58/06 MOVED BY COUNCILLOR C. VERMEEREN that we deny this request to change approximately 3.47 hectares (8.57 acres) of °~ land in Pt. NW 2-21-14 from A -Agricultural District to CR - Country Residential District due to the application contravening various policies and goals outlined in the County's Municipal Development Plan 1442-03 and the possible precedents that this request poses. Councillor Vermeeren requested a recorded vote. For: Division 3 -Councillor Philipsen Division 4 -Councillor Vermeeren Division 6 -Councillor Evans Division 7 -Councillor Eastman Division 9 -Reeve Douglass Against: Division 1 -Councillor Daniels Division 8 -Councillor Eckert Division 10 - Councillor Wutzke Absent: Division 2 -Councillor Schroeder Division 5 -Councillor Nesbitt MOTION CARRIED \~i1n~ Regular Council Minutes February 9, 2006 Page 12 ,.-.. Tammy Henry, County Planner, Connie Petersen and Karen Peters - Midwesf Surveys, Ray Torkelson, Norman Torkelson, Brad Torkelson, Nelson Hooley and Rod Turuk left the meeting at 2:36 p.m. 14. COMMITTEE REPORTS CON'T i. Route 36 Development Safety Association Councillor Eckert reported on a meeting held in Casfor two weeks ago, and that fhe next meeting will be held in Killam on April 7, 2006. 15. QUESTION PERIOD/NOTICE OF MOTION There was no question period or nofices of motion at this meeting. 16. INFORMATION ITEMS a. Safety Minutes .-, b. Minibus Report K. Rothbauer left the meeting at 2:39 p.m. 17. IN CAMERA C-59/06 MOVED BY COUNCILLOR C. VERMEEREN that we move in camera at 2:39 p.m. MOTION CARRIED C-60/06 MOVED BY COUNCILOR C. VERMEEREN that we move out of camera at 3:35 p.m. MOTION CARRIED C-61/06 MOVED BY COUNCILLOR H. WUTZKE that we pursue an agreement with Newell Community Action Group. • Councillor Vermeeren asked for a recorded vote. For: Division 1 -Councillor Daniels Division 3 -Councillor Philipsen ~'-' Division 6 -Councillor Evans Division 7 -Councillor Eastman Regular Council Minutes February 9, 2006 Division 8 -Councillor Eckert Division 9 -Reeve Douglass Division 10 - Councillor Wutzke Against: Division 4 -Councillor Vermeeren Absent: Division 2 -Councillor Schroeder Division 5 -Councillor Nesbitt 18. ADJOURN Page 73 MOTION CARRIED C-62/06 MOVED BY COUNCILLOR C. VERMEEREN that the meeting adjourn at 3:37 p.m. MOTION CARRIED Reeve --~ ~~~~ County Administrator c