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HomeMy WebLinkAbout2007-09-20 Council (Regular) MinutesCOUNTY OF NEWELL N0.4 MINUTES OF COUNCIL MEETING SEPTEMBER 20, 2007 C-409/07 1. The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 20, 2007 commencing at 10:02 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A. Philipsen M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke ABSENT: C. Vermeeren STAFF: N. Moriyama, County Administrator B. Keith, Assistant Administrator A. Clapton, Executive Assistant D. Horvath, Oldman River Regional Services Commission R. Roycroft, Development Control Officer OTHERS IN A. McCuaig, Brooks Bulletin ATTENDANCE: Cory Baksa (Land Use Bylaw 1626-07) Brian de Jong (Land Use Bylaw 1626-07) Sandra Hajash (Land Use Bylaw 1626-07) Harold Storlien, Shortgrass Library System Julia Reinhart, Shortgrass Library System Bev Bunney, Duchess & District Public Library Board Cathy Neufeld, Duchess & District Public Library Shirley Charlton, Duchess & District Public Library Ken Neufeld, Duchess & District Public Library Earl Wilson, Eastern Irrigation District Bob Chrumka, Eastern Irrigation District EXCUSED FROM MEETING MOVED BY COUNCILLOR A. ECKERT that Councillor C. Vermeeren be excused from the meeting. MOTION CARRIED ,l~~~D Regular Council Minutes Page 2 September 20, 2007 2. MINUTES Council Minutes - Seatember 6, 2007 The following changes were made to the September 6, 2007 Council minutes: Page 9 -The Vote on Motion C-401/07 should be listed after Motion C-407/07 (Out of Camera Motion). C-410/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that the September 6, 2007 Council minutes be adopted as amended. MOTION CARRIED 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-411/07 MOVED BY COUNCILLOR S. EVANS that we adopt the agenda as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT C-412/07 MOVED BY COUNCILLOR H. WUTZKE that cheques 159262 - 159375 in the amount of $724,590.70 and Direct Debit Batch 12491 in the amount of $105,566.25 be approved. MOTION CARRIED 6. MUNICIPAL TREASURER'S REPORT The Treasurer's Report for August 2007 was presented to Council. C-413/07 MOVED BY COUNCILLOR I. SCHROEDER that the Treasurer's Report for August 2007 be accepted. MOTION CARRIED 7. BUSINESS FROM MINUTES a. Public Engagement Policy B. Keith reported that the AAMD&C Citizen Engagement Toolkit training session had been cancelled, and that this session would be presented either at the AAMD&C Fall 2007 Convention or at a later date. This item will be brought back to Council after the AAMD&C Fall 2007 Convention. ~~.. Regular Council Minutes Page 3 September 20, 2007 b. County Christmas Gala B. Keith presented a report to Council regarding the County Christmas Gala that was proposed at the last Council meeting. He indicated that three salons at the Heritage Inn are booked for Thursday, December 6rh, 2007 to allow for an expanded event. Direction was given to Administration to offer Council's help to staff in planning the County Christmas party and in creating a Gala Awards Night to be held in the spring, which would include members of the County's boards and committees as well as staff and Councillors. 8. CORRESPONDENCE There were no items of correspondence. 11. OTHER BUSINESS b. Disaster Services Committee Re: Red Cross Agreement with the City of Brooks ($8,000 divided 50/50%) (Councillor M. Nesbitt) Council discussed the request for $8, 000.00 from the Red Cross and the possibility of splitting this cost with the City of Brooks. Administration was directed to invite the Red Cross to give a presentation to Council for further information. 13. POST AGENDA ITEMS a. Advance Poll Council discussed holding an Advance Poll for the upcoming Municipal Election. C-414/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that the County of Newell No. 4 establish an Advance Poll for the 2007 Municipal Election to be Saturday, October 13, 2007, from 10:00 a.m. to 6:00 p.m. at the lower level of the County Administration Building. MOTION WITHDRAWN C-415/07 MOVED BY COUNCILLOR W. DANIELS that the County of Newell No. 4 establish an Advance Poll for the 2007 Municipal Election to be Thursday, October 11, 2007, from 12:00 p.m. to 8:00 p.m. at the lower level of the County Administration Building. MOTION CARRIED i~ Regular Council Minutes September 20, 2007 b. Diabetes Association (Brooks & District) Proclamation of Diabetes Week - "Help Find a Cure" Page 4 A letter was presented to Council from the Brooks & District Diabetes Association, requesting that Council proclaim October 1 - i0, 2007 as "Diabetes Week -Help Find a Cure." C-416/07 MOVED BY COUNCILLOR A. ECKERT that the County of Newell No. 4 hereby proclaims October 1 - 10, 2007 as "Diabetes Week -Help Find a Cure." MOTION CARRIED c. Annexation Meeting with the City of Brooks A joint meeting on Annexation between the Councils of both the City of Brooks and the County of Newell No. 4 will take place on September 26, 2007 at the Heritage Inn & Suites. d. Councillor Orientation Meeting N. Moriyama asked Council for additions to the agenda package for the upcoming Councillor Orientation meeting, and for suggestions to improve the orientation process. Council requested that information be included on the various committees, mill rates, planning, and meeting procedures. D. Horvath indicated that the Oldman River Regional Services Commission would be holding a Regional Planning Orientation session, tentatively scheduled for November 29, 2007 in Lethbridge, AB, with afternoon and evening sessions. The Councillor Orientation meeting will be held on October 17, 2007 at 10:00 a.m. e. Organizational Meeting Date The Organizational Meeting will be held on October 19, 2007 at 10:00 a.m. f. AAMD&C The Council meeting scheduled for November 22, 2007 will be changed to November 23, 2007. RECESS Council recessed at 10:54 a.m. and reconvened at 11:02 a.m. ARRIVED S. Hajash, C. Baksa, and B. de Jong arrived at 11:02 a.m. Regular Council Minutes Page 5 September 20, 2007 9. PUBLIC HEARINGS 11:02 a.m. a. Bylaw 1626-07 New Land Use Bylaw Reeve Douglass called the Public Hearing to order at 11:02 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1626-07. Bylaw 1626-07 is a bylaw to rescind Land Use Bylaw 1443-03. D. Horvath provided background information on this Bylaw and presented to Council several amendments based on feedback received from the Open House meetings with the public. She also indicated that comments received from Alberta Infrastructure & Transportation had included a request for two appendices to be added regarding development near highways and roadside signs. Reeve Douglass reviewed the procedures that would be followed for the hearing. S. Hajash presented several amendments to Bylaw 1626-07 to Council and expressed concerns about the definition of the C -Commercial designation. C. Baksa presented several amendments relating to the zoning of various properties. Council was given the opportunity to ask questions. There were no further questions from Council. Reeve M. Douglass declared the Public Hearing closed at 11:47 a.m. 10. BYLAWS a. Bylaw 1626-07 New Land Use Bylaw (2"d & 3rd reading) C-417/07 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1626-07, being a bylaw to adopt a Land Use Bylaw for the County of Newell No. 4, receive second reading. Council discussed various amendments to Bylaw 1626-07, including the sections on fragmented parcels and hamlet advisory committees. There was also discussion on the designation of hamlet status. C. Baksa left the meeting at 11:51 a.m. S. Hajash and B. de Jong left the meeting at 11:57 a.m. ~- Regular Council Minutes September 20, 2007 LUNCH Council recessed for lunch at 12:09 p.m. and reconvened at 1:10 p.m. 10. BYLAWS -continued a. Bylaw 1626-07 New Land Use Bylaw (2nd & 3`d reading) Page 6 There was further discussion on the amendments to Bylaw 1626-07, including discretionary permits, accessory buildings, setbacks, manufactured/mobile homes, the Appendices requested by Alberta Infrastructure & Transportation, and the suggested amendments brought forward by S. Hajash and C. Baksa. C-417/07 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1626-07, being a bylaw to adopt a Land Use Bylaw for the Count of Newell No. 4, receive second reading with the amendments as dts~Gssed. ry~'i~lHi-~~ t . MOTION CARRIED /r., `-* C-418/07 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1626-07 receive third and final reading. MOTION CARRIED UNANIMOUSLY 11. OTHER BUSINESS -continued a. Land Use Bylaw Fee Schedule Revision (R. Roycroft, Development Control Officer) R. Roycroft presented to Council a revised Land Use Bylaw Fee Schedule and outlined the key changes that had been made. The fee structure has been simplified and now reflects the fee schedules used by neighbouring municipalities. C-419/07 MOVED BY COUNCILLOR W. DANIELS that the Land Use Bylaw Fee Schedule be approved as presented effective September 20, 2007. MOTION CARRIED ~~ D. Horvath and R. Roycroft left the meeting at 2:07 p.m. Arrived at Meeting H. Storlien, J. Reinhart, B. Bunney, C. Neufeld, K. Neufeld, and S. Charlton arrived at 2:09 p.m. Regular Council Minutes Page 7 September 20, 2007 12. DELEGATIONS 2:10 p.m. a. Shortgrass Library System Presentation (H. Storlien & J. Reinhart) H. Storlien gave a presentation on the Shortgrass Library System, outlining their goals and the services They offer. Council was given the opportunity to ask questions. There were several questions from Council regarding the non-resident fee, access to library services, and the training of volunteers. Councillor W. Daniels mentioned that the situation with the long wait lists for books with bestseller status has been dealt with, and asked how the local libraries pay the $4.13 per capita fees for the Shortgrass Library System. Administration replied that areas with Shortgrass libraries have a higher library mill rate and the Shortgrass Library System fees are paid out of these taxes. b. Duchess & District Public Library Board 2:45 p.m. (B. Bunney, C. Neufeld, S. Charlton) B. Bunney of the Duchess & District Public Library Board addressed Council with concerns about the continued viability of their library and funding for programs and operation costs. N. Moriyama asked how much funding for the library came from the Village of Duchess. It was suggested that the Duchess & District Public Library ask the Village of Duchess for funding equal to that provided by the County of Newell No. 4. H. Storlein addressed the concerns about the reduction in services and resources. c. Ken Neufeld, Ratepayer (Duchess) 3:03 p.m. K. Neufeld addressed Council on behalf of the employees and volunteers of the Duchess & District Public Library, expressing concerns about the library being unable to run their programs under the Shortgass Library System. He requested that Councillors speak to the employees of their Shortgrass libraries and get feedback from them. H. Storlien, J. Reinhart, B. Bunney, C. Neufeld, K. Neufeld, and S. Charlton left the meeting at 3:07 p.m. RECESS Council recessed at 3:07 p.m. and reconvened at 3:12 p.m. ARRIVED AT MEETING E. Wilson and B. Chrumka arrived at 3:12 p.m. A. McCuaig returned to the meeting at 3:15 p.m. pl `~ Regular Council Minutes Page 8 September 20, 2007 13. POST AGENDA ITEMS -continued g. E.I.D. Presentation - Re: Amendments to Water Licenses B. Chrumka addressed Council with regards to changes to their license agreement for the delivery of water for large uses. He clarified that they would not be selling the water, only the rights to use the water, and that all agreements were overseen by Alberta Environment. Currently, if a business requires more than 20 acre feet of water, they have to purchase their own license. The proposed change would allow the Eastern Irrigation District to supply these larger water uses from their water license. 8. Chrumka requested that the County of Newell No. 4 write a letter to Alberta Environment supporting these amendments to the water license, as they would promote economic development in the region. There were several questions from Council regarding the inclusion of unincorporated areas and subdivisions. C-420/07 MOVED BY COUNCILLOR A. ECKERT that the County of Newell No. 4 supports the Eastern Irrigation District application to amend two water licenses that will allow them to provide water for purposes other than irrigation, and that a letter of support be written to Alberta Environment. MOTION CARRIED E. Wilson, B. Chrumka, and A. McCuaig left the meeting at 3:44 p.m. h. Lake Newell Resort Hamlet Status Councillor M. Nesbitt asked for an update on the Lake Newell Resort Hamlet Status. N. Moriyama replied that letters had been received from Block 1 and Block 4, but there were still replies outstanding from the Eastern Irrigation District and Lake Newell Developers. i. Highways 873 & 550 Councillor A. Eckert requested that Council ask the province to extend Highway 873 north and change the configuration of Highway 550 so it would not run directly through Duchess. This item will be placed on the next Municipal Meeting agenda. j. Utility Rates put on taxes Council discussed the County's practice of adding unpaid utility rates to the tax notices in October. C-421/07 MOVED BY COUNCILLOR W. DANIELS that Administration add the unpaid utility charges for hamlets for 2007 to the taxes in October only if they have the proper authority from Council to do so. MOTION WITHDRAWN Regular Council Minutes September 20, 2007 Council directed r_ hamlets to taxes been confirmed. Page 9 Administration to not add unpaid utility rates for in October until the proper authorization to do so has 14. COMMITTEE REPORTS a. Agricultural Service Board Councillor A. Eastman indicated that some recommendations from the last ASB meeting would be brought to the next Council meeting. The luncheon for the Rural Beautification Awards will be held on November 13, 2007 at the Heritage Inn. The South Region ASB Conference will be held on November 2, 2007 in Medicine Hat, and they will be bringing forward a resolution on Emergency Strychnine Legislation. He also reported that a new AESA employee has been hired, and recommended that, if government funding ceases for that program, the County fund the AESA program. b. Grasslands Regional F.C.S.S. Councillor H. Wutzke reported that the available funding has increased, and that the Grasslands Regional F. C. S. S. will be looking at funding requests next Wednesday. c. Municipal Library Board Councillor A.M. Philipsen presented a written report to Council and also requested that each Councillor speak to their local librarian about the Shortgrass Library System. A. McCuaig returned to the meeting at 3:56 p.m. d. Newell Foundation Councillor S. Evans reported that the requisitions have all been paid and the new window coverings and furniture were delivered last week. She also indicated that three staff members and residents of Newbrook Lodge won the 2007 Tidiness Award through Communities in Bloom. e. Newell Recycling Association Councillor A. Eckert indicated that he and Mr. Johnson had been invited to the Recycling Convention of Alberta next week in Calgary. Newell Regional Solid Waste Management Authority Councillor A. Eckert reported that the Newell Regional Solid Waste Management Authority meeting was scheduled for Thursday, Regular Council Minutes September 20, 2007 September 20, 2007 and that everything is progressing well. g. Tourism/Canadian Badlands CouncillorA.M. Philipsen presented a written report to Council. h. Palliser Economic Partnership Page 10 Councillor W. Daniels reported that the Growing in Southeastern Alberta Conference would be held November 2 - 3, 2007 at the Cypress Centre in Medicine Hat. C-422/07 MOVED BY COUNCILLOR W. DANIELS that all County of Newell No. 4 Councillors be permitted to attend the Growing In Southeastern Alberta Symposium on November 2"d & 3~d, 2007, at the Cypress Centre in Medicine Hat as a function of Council. MOTION CARRIED C-423/07 MOVED BY COUNCILLOR W. DANIELS that the registration fees for one person per division plus ten students be made available from the Economic Development & Tourism budget. MOTION CARRIED Councillor W. Daniels also indicated that an "Easy Move" toolkit was being developed for people wanting to move into the Palliser region, and presented to Council advertisements prepared by Alberta Employment, Immigration, & Industry, which outline employment opportunities within the County of Newell No. 4. i. Regional Services Ad Hoc Committee This item will be discussed during the In Camera portion of this meeting. j. Route 36 Development Safety Association Councillor A. Eckert reported that the Annual General Meeting in Hanna had been very well received. k. Shortgrass Library Board Councillor A. M. Philipsen presented a written report to Council. v Regular Council Minutes Page 11 September 20, 2007 15. QUESTION PERIOD/NOTICE OF MOTION Councillor S. Evans mentioned Encana's donation to the Bassano Pool project. 16. INFORMATION ITEMS a. Restorative Justice Week A letter was presented to Council from The Correctional Service of Canada, requesting that Council proclaim November 18 - 22, 2007 as "Restorative Justice Week." This item was received as information. b. Shortgrass Library System -Budget Request for 2008 A letter was presented to Council from the Shortgrass Library System, requesting an increase in funding for 2008. This item was received as information. A. McCuaig left the meeting at 4:14 p.m. 17. IN CAMERA C-424/07 MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at 4:13 p.m. MOTION CARRIED C-425/07 MOVED BY COUNCILLOR S. EVANS that we move out of camera at 4:50 p.m. MOTION CARRIED 18. ADJOURN C-426/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that the meeting adjourn at 4:50 p.m. MOTION CARRIED Reeve County Administr or COUNTY OF NEWELL COUNCIL REPORT AMENDMENTS TO LUB 1626-07 PRIOR TO THIRD READING Page 2: Section 21 - (c) Hamlet Advisory Committees for the Hamlets of Gem, Patricia, Rainier, Rolling Hills and Scandia, as well as the Hamlet Advisory Committees for any new Hamlets, if in the opinion of the Municipal Planning Commission, the proposed development could have an impact upon land use in the hamlet area: Page 7: Section 49 (d) within Agricultural or Residential Districts where the parcel size exceeds 0.8 ha (2 acres), a second residential dwelling may be allowed on a three-year temporary development permit which maybe renewable Page 7: Section 51 -reference to Schedule 3 should be changed to Schedule 2 Page 7: Section 52 -reference to Schedule 4 should be changed to Schedule 3 Page 11: Agricultural District -added the following: 4. Minimum Setback from Property Lines All structures and buildings shall be setback 3 0 m (10ft) from all property lines not fronting on or adjacent to a municipal roadway Page 19: Manufactured Home Park District -added Storage Facility as a discretionary use Page 20: Manufactured Home Park District -added the following (3) Accessory Buildings as garages (a) Accessory buildings used as garages shall be located a minimum of 3 m (9.8 ft) from any accessory building, attached structure or manufactured home on an adjacent manufactured home space and must be a minimum 1.5 m (4.9 ft) from both the side and rear property lines, except for a flankage property line where it must be a minimum 3 m (9.8 ft). (b) Only one accessory building classified as a garage is permitted per property. (c) An accessory building shall not exceed 5 m (16 ft) in height. (d) An accessory building shall not exceed 78 m2 (840 ft2) in area. (e) An accessory building shall not be used for living accommodations. Page 24: Hamlet Residential District -changed front and rear yard setback from 25 ft to 20 ft Page 25: Hamlet Commercial District -changed front yard setback from 16 ft to 10 ft Page 29: Resort Multi-Family Residential District -changed rear yard setback from 25 ft to 20 ft Page 31: Resort Commercial District -changed rear yard setback from 25 ft to 20 ft C:\Documents and Settings\sutterd\Local Settings\Temporary Internet Files\Content.Outlook\9J3A04CBWmendments to LUB prior to 3rd reading.doc -1- (b) the proposal is to rectify or rationalize existing habitational. occupancy. cultivation or settlement patterns: (c) no additional parcels are created over and above those presently in existence: (d) the proposed new lot and the proposed residual lot will continue to have direct legal and physical access to a public roadway. adequate development setbacks. and a suitable building site; (e) the size. location and configuration of the proposed lot will not significantly-affect any irrigation or transportation system in the area nor the urban expansion strategies of neighbouring municipalities. Page 60: Subdivision Criteria -added Section 2 to FRAGMENTED PARCELS 2. A quarter section which has been subdivided pursuant to the provisions of the above policy or previous provincial policies may be eligible for the subdivision of an existing farmstead or vacant parcel from the greater half of the fragmented quarter section provided that the proposal is consistent with the requirements established for single lot country residential parcels. Page 61: Subdivision Criteria - amended section title to read GROUPED COUNTRY RESIDENTIAL USES Page 63: Subdivision Criteria -Rural Industrial/Commercial Uses -rewrote sections to read - (ii) the Town of Bassano and the Villages of Duchess, Rosemary and Tilley;; (iii) the Hamlets of Gem. Patricia. Rainier. Rolling Hills and Scandia. as well as any new Hamlets which maybe created; Page 64: Subdivision Criteria -Rural/Urban Fringe Uses -removed - 1. Wherever possible, agricultural lands within the fringe shall be protected and conserved for agricultural use until they are needed for urban expansion. Page 64: Subdivision Criteria -Hamlet Uses -removed - 2. The hamlet boundaries established on the land use bylaw maps should not be extended unless it is impossible or impractical for necessary further development to occur through infilling Page 64: Subdivision Criteria -Recreational Uses -removed - 2. The subdivision of recreational uses should be allowed only after the area has been redesignated from the "Agriculture" land use district to "Resort Residential'; "Resort Multi- Family'; and "Resort Commercial" and the proposal has been circulated for comments to appropriate provincial government departments and affected agencies. Page 72: Manufactured and Mobile Homes Standards, Part A, Subsection 4 -added the following - (a) All double-wide units shall be placed on foundations which conform with provincial building requirements and Canada Mortgage and Housing regulations. (b) All single-wide mobile homes not placed on concrete blocks shall be skirted in compatible materials and satisfactorily enclosed to the satisfaction of the Development Officer. (d) The maximum height of the exposed portion of a concrete block foundation shall be not more than 1.0 metre (3 ft) above the average finished grade level of the surrounding ground. C:\Documents and Settings\sutterd\Local Settings\Temporary Internet Files\Content.Outlook\9J3A04C8\Amendments to LUB prior to 3rd reading.doc 3- COUNTY OF NEWELL COUNCIL REPORT ADDITIONAL AMENDMENTS TO LUB 1626-07 PRIOR TO THIRD READING In response to comments by Alberta Infrastructure and Transportation 1. Added Appendix A: Best Practices for Planning and Design of Freeway Facilities (attached) Appendix B: Highway Classification Map Referenced Appendix A in Commercial, Industrial and Light Industrial Districts Referenced Appendix B in Schedule 4, Section 21(a) 2. Added the following to Schedule 4, Section 20: "All accesses on Provincial Highways shall be approved by Alberta Infrastructure and Transportation. All access to a provincial highway is considered temporary. Existing accesses may require closure or relocation. The department will review any development adjacent to a provincial highway and determine whether an access, existing g or proposed, is acceptable. M 3. Added the following to Schedule 4, Section 20 (c) Provincial legislative may require that Alberta Infrastructure and Transportation issue a Roadside Development Permit when development takes place in proximity of the primary highway system. 4. Added the following to Schedule 7 Signs 8. All signs adjacent to a provincial highway require approval of Alberta Infrastructure and Transportation. Missed Zoning in Land Use District Maps (See attached maps): Division 5 Portion of Closed 1 Street from Hamlet Residential to Hamlet Commercial Portion of Sec 34- 18-14 W4 from Urban Fringe to Commercial Division 10 Portion of the NW 1-19-14 W4 from Agriculture to Country Residential C:\Documents and Settings\sutterd\Local Settings\Temporary Internet Files\Content.Outlook\9J3A04C8\Amendments to LUB prior to 3rd reading.doc -5-