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Home My WebLink About2008-06-05 Council (Regular) MinutesCOUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING JUNE 5, 2008 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 5, 2008 commencing at 10:02 a.m. MEMBERS PRESENT: COUNCILLORS: ABSENT: M. Douglass, Reeve I. Schroeder A.M. Philipsen J. Harbinson S. Evans A. Eastman B. de Jong W. Daniels R. Andrews H. Wutzke STAFF: K. Stephenson, County Administrator B. Keith, Assistant Administrator `~~ A. Clapton, Executive Assistant D. Horvath, Oldman River Regional Services Commission R. Dumonceau, Operations Manager OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: M. Fitzgerald, Q-13 Fox Radio K. Peters, Midwest Surveys (2008-0-144) C. Peterson, Midwest Surveys (2008-0-144) Julie Jenkins (08 LUA 006) Tyler Jenkins (08 LUA 006) 1. EXCUSED FROM MEETING C-196/08 MOVED BY COUNCILLOR S. EVANS that Councillor W. Daniels, Councillor R. Andrews, and Councillor H. Wutzke be excused from the meeting. MOTION CARRIED 2. MINUTES The following changes were made to the May 22, 2008 Council minutes: Page 2 - in the corrections to the May 8, 2008 Council minutes, the line should read "... in partnership with Marigold and Chinook Arch... " Page 9 - in item 10(g), the Encana Barbecue is on June 6th. Regular Council Minutes Page 2 June 5, 2008 Page 10 - in item 11(b), the line should read "Councillor A. Eastman gave Council a review..." Page 11 - in item 11(f), the Palliser Economic Partnership Annual General meeting will begin at 12:15 p.m. C-197/08 MOVED BY COUNCILLOR A. EASTMAN that the May 22, 2008 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-198/08 MOVED BY COUNCILLOR A.M. PHILIPSEN that the agenda be adopted as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT The Assistant Administrator responded to questions from Council. C-199/08 MOVED BY COUNCILLOR A.M. PHILIPSEN that cheques 162493 to 162608 in the amount of $1,382,603.16 and Direct Debit Batch 13453 in the amount of $99,445.31 be approved. MOTION CARRIED 6. BUSINESS FROM MINUTES There was no business from the minutes to discuss at this meeting. 7. OTHER BUSINESS a. Municipal Library Board Bylaws Council was presented with the revised Bylaws of the County of Newell No. 4 Municipal Library Board. C-200/08 MOVED BY COUNCILLOR A.M. PHILIPSEN that the County of Newell No. 4 accepts the Bylaws of the County of Newell No. 4 Municipal Library ~r~~~ Board, and further that we will retain a copy for our files and return a copy to U U~ Regular Council Minutes June 5, 2008 Page 3 the Library along with a letter indicating that they have been accepted by the County. MOTION CARRIED b. Letter from Ashton's Place Foundation Council was presented with a letter from Ashton's Place Foundation, requesting that the County of Newell No. 4 support their efforts in building a youth center in Brooks and consider a giving a financial contribution to their cause. Administration was directed to write a letter to Ashton's Place Foundation indicating that this would be a suitable project for the Municipal Susfainability Initiative in Divisions 5 and 10. Councillor A.M. Philipsen declared a potential conflict of interest and left the meeting at 10:13 a.m. 9. BYLAWS b. Bylaw 1647-08 -Road Closure & Lease (Bertha Farms) ~- (1St Reading) D. Horvath provided background information on this item. The Assistant Administrator responded to questions from Council regarding the terms of the lease. C-201/08 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1647-08, being a bylaw to close to public travel and lease that portion of the Government road allowance lying between the N '/z 35-20-13-W4M and the S '/z 2-21-13-W4M, receive first reading. MOTION CARRIED Councillor A.M. Philipsen returned to the meeting at 10:17 a.m. 10. POLICIES a. 2008-PLG-017 -Regional Enhancement Reserve Funding The Assistant Administrator presented the Regional Enhancement __ Reserve Funding policy to Council, outlining the amendments that had been made. Council discussed the guideline regarding endorsement, and amended it as follows: ~,.N ~" Regular Council Minutes Page 4 June 5, 2008 "Endorsement of the project by the Divisional Advisory Committee, the Divisional Councillor, and the Municipal Council, if located within the division." Administration was directed to forward the amended policy to the City of Brooks, the Town of Bassano, and the Villages of Duchess, Rosemary, and Tilley. C-202/08 MOVED BY COUNCILLOR I. SCHROEDER that the Regional Enhancement Reserve Funding policy (2008-PLG-017) be adopted as amended. MOTION CARRIED ARRIVED AT MEETING K. Peters and C. Peterson arrived at 10:30 a.m. 7. OTHER BUSINESS -continued c. Subdivision Boundary Adjustment - 2008-0-144 D. Dick (Owner)/Midwest Surveys (Applicant) SE ~/a & SW 1/a 5-19-15-W4 Council was presented with a request for a boundary adjustment for Subdivision 2008-0-144. D. Horvath provided background information on this item, indicating that there had been no objections to the circulation and advertisement of this application. Council was given the opportunity to ask questions. C-203/08 MOVED BY COUNCILLOR J. HARBINSON that the Country Residential subdivision of Portions of SE '/a & SW '/a 5-19-15-W4M (Certificate of Title No. 071 344 869 +1) to enlarge a parcel legally known as Lot 1, Block 7, Plan 071 3501 by subdividing approximately 0.361 hectares (0.89 acres) from the SE 1/a 5-19-15-W4M and 0.418 hectares (1.03 acres) from the SW '/a 5-19-15-W4M to adjust the boundary of Lot 1 BE APPROVED subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 1.92 acres at the market value of $1,900.00 per acre with the actual acreage and amount to be paid to the County of Newell No. 4 be determined at the final stage, for Municipal Reserve Purposes, AND further that, upon receipt of this reserve payment, Caveat 811 190 029 ~ ~ shall be discharged in its entirety and a new caveat placed on the residual ~~~`-~ parcel to reflect the remaining municipal reserve. Regular Council Minutes June 5, 2008 Page 5 CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. REASONS: 1. The Subdivision Authority is satisfied that the proposed subdivision is suitable for the purpose for which the subdivision is intended pursuant to Section 7 of the Subdivision and Development Regulation. 2. The proposed subdivision complies with the municipal Land Use Bylaw. INFORMATIVE: (a) That a legal description for the proposed parcel be approved by the Surveys Branch, Land Titles Office, Calgary. (b) Telus has no objections but recommended "That the developer contact Telus when plans on behalf of Fortis are finalized, or six weeks prior to start (whichever is longer), and provide Telus if required, with the following: 1. Buried facilities would be placed in a 2 or 3 party joint use trench ~- which is normally within a Utility Right of Way, at front of property. It is the Developer's responsibility to supply the trenching and all joint use pedestals, as well as the placement of Telus supplied cable. Telus will produce the Telecommunications Work Plans, and provide inspections and acceptance testing during construction at no charge. 2. Provide 3.5m easements and place all conduits for road crossings, driveway crossings, if required. 3. The developer be aware they will be billed 100% of costs incurred for any redesign which is a result of changes that occur after Telus' initial design has been completed and/or relocation of Telus' existing Network Facilities. 4. For design purposes, a copy of Subdivision plans, a 3.5 inch floppy disc, DXF format, or E-Mail with .dgn file would be appreciated. 5. If a bareland situation, the developer is responsible for trenching, supplying and installing all pedestals, conduit and cabinets. Should you require further information, please contact Mike Morley at 403-529-3422 in Medicine Hat or by Direct Correspondence." (c) Fortis Alberta has no objection. (d) Alberta Transportation advises that this property is outside of the department's control limits as set out in the Subdivision and Development Regulation. Additionally, access is provided by the municipal road system. _ Alberta Transportation, therefore, has no objections to this application, and Section 14 of the Subdivision and Development Regulation does not apply to the subdivision application. ~~ Regular Council Minutes Page 6 June 5, 2008 (e) The EID has no objection to the proposed subdivision subject to the following conditions: - The applicant must provide a registrable easement for the conveyance of water from the EID's works to the proposed subdivision. - All costs associated with the conveyance of water to the affected parcel shall be the responsibility of the applicant. (f) County of Newell, Public Works, has reviewed the application and notes that an approach agreement is still required. MOTION CARRIED LEFT THE MEETING K. Peters and C. Peterson left the meeting at 10:35 a.m. 10. POLICIES -continued b. 2008-PPW-022 -Road Allowances -Closure & Lease or Sale The Assistant Administrator presented the Road Allowances -Closure & Lease or Sale policy to Council, outlining the amendments that had been made. C-204/08 MOVED BY COUNCILLOR J. HARBINSON that the Road Allowances - Closure & Lease or Sale policy (2008-PPW-022) be adopted as presented. MOTION CARRIED a. 2008-PAG-001 -Shelterbelt Program Motion A-27/08 from the May 20, 2008 Agricultural Service Board meeting reads as follows: MOVED BY COUNCILLOR I. SCHROEDER that the ASB recommend to Council that the changes presented by the Agricultural Fieldman supercede Policy 1989-PAG-001. MOTION CARRIED C-205/08 MOVED BY COUNCILLOR S. EVANS that the Shelterbelt Program policy (2008-PAG-001) be adopted as presented. MOTION CARRIED R;~~Y ~~ Regular Council Minutes June 5, 2008 b. 2008-PAG-015 -Role of ASB Member Page 7 Motion A-28/08 from the May 20, 2008 Agricultural Service Board meeting reads as follows: MOVED BY COUNCILLOR M. DOUGLASS that the ASB recommend to Council that the changes presented by the Agricultural Fieldman supercede Policy 1988-PAG-005. MOTION CARRIED C-206/08 MOVED BY COUNCILLOR A. EASTMAN that the Role of ASB Member policy (2008-PAG-015) be adopted as presented. MOTION CARRIED e. 2008-PAG-022 -Rental Equipment Motion A-29/08 from the May 20, 2008 Agricultural Service Board meeting reads as follows: MOVED BY COUNCILLOR B. de JONG that the ASB recommend to Council that the changes presented by the Agricultural Fieldman will -- supercede Policy 1998-PAG-022. MOTION CARRIED C-207/08 MOVED BY COUNCILLOR B. DE JONG that the Rental Equipment policy (2008-PAG-022) be adopted as presented. MOTION CARRIED 11. POST AGENDA ITEMS a. 2008-PPW-054 -Road Maintenance Policy Motion M-85/08 from the June 2, 2008 Municipal Committee meeting reads as follows: MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Committee recommend to County Council that the Road Maintenance policy be approved with amendments. MOTION CARRIED The Assistant Administrator presented the Road Maintenance policy to - Council, outlining the amendments that had been made. He indicated that the Municipal Grid map used to schedule road maintenance would be updated regularly with the addition and deletion of roads being discussed at Municipal Committee meetings. ~ n~D Regular Council Minutes June 5, 2008 Page 8 C-208/08 MOVED BY COUNCILLOR S. EVANS that the Road Maintenance policy (2008-PPW-054) be adopted as presented. MOTION CARRIED b. Super B Trailers Motion M-88/08 from the June 2, 2008 Municipal Committee meeting reads as follows: MOVED BY COUNCILLOR H. WUTZKE that the Municipal Committee recommend to County Council that Units 231/243 and Units 221/222 be traded off and replaced with two tri-axle trailers, as per the recommendation from the Operations Manager. MOTION CARRIED The Assistant Administrator indicated that the Public Works staff had recommended these trailers be traded for the more useful tri-axle trailers because the trade-in value of the Super B trailers is good at this time. Council requested that the Operations Manager be present to answer questions regarding this item. C-209/08 MOVED BY COUNCILLOR I. SCHROEDER that Units 231/243 and Units 221/222 be traded off and replaced with two tri-axle trailers, as per the recommendation from the Operations Manager, to a maximum of 30,000.00 plus trade in value to be funded from the Equipment Replacement Reserve Fund. This item was postponed until later in the meeting. c. Meeting Cancellation -August 21, 2008 Motion W--51/08 from the June 2, 2008 Workshop Session reads as follows: MOVED BY COUNCILLOR S. EVANS that it be recommended to Council that the August 21, 2008 Council meeting be cancelled. MOTION CARRIED C-210/08 MOVED BY COUNCILLOR S. EVANS that the August 21, 2008 Council meeting be cancelled. MOTION CARRIED ~~ ~~~ Regular Council Minutes June 5, 2008 d. Draft Alberta Land Use Framework Page 9 The County Administrator distributed the Draft Alberta Land Use Framework to Council along with a memo from the Oldman River Regional Services Commission. D. Horvath indicated that the deadline for feedback on the draft was June 20, 2008 and that the memo from ORRSC identified some key points in the document to be considered. The County Administrator directed Council to the website www.landuse.gov.ab.ca, which has all the key documents available for download as well as a survey. This item will be discussed further during the June 19, 2008 Council meeting. 8. PUBLIC HEARINGS a. Bylaw 1646-08 - 08 LUA 005 C. & M. Wall (Owner) Old Colony Mennonite Church of Vauxhall (Applicant) A -Agricultural District to PS -Public Service District Reeve M. Douglass called the Public Hearing to order at 11:05 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1646-08. Bylaw 1646-08 is a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 10.0 acres (4.04 hectares) in a portion of the NE '/a 19-21-16-W4M from A -Agricultural District to PS -Public Service District. D. Horvath provided background information on this application, indicating that two letters had been received in response to the circulation and advertisement of this application. The letter received from an adjacent landowner expressed opposition to the application, and the letter received from the E.l. D. indicated that they had no objections, but that they would like to see the irrigated acres removed from the site. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. There were no persons in attendance speaking either in favour of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. There were several questions regarding the Small Holdings parcel in the area. D. Horvath replied that the Small Holdings parcel was being used as a farm yard and it appeared to be owned by a separate landowner. Councillor B. de Jong inquired about whether the road could support additional traffic. D. Horvath replied that there had been no comments received from the County of Newell's Department of Public Works. Reeve M. Douglass asked about the permitted uses under Public Service ~__.r~~ Regular Council Minutes Page 10 June 5, 2008 District, and D. Horvath replied that public and quasi-public buildings are included as discretionary uses. C-211/08 MOVED BY COUNCILLOR A. EASTMAN that the public hearing adjourn at 11:14 a.m. MOTION CARRIED 9. BYLAWS -continued a. Bylaw 1646-08 - 08 LUA 005 C. & M. Wall (Owner) Old Colony Mennonite Church of Vauxhall (Applicant) A -Agricultural District to PS -Public Service District (2"d & 3`d Reading) D. Horvath provided background information on this item. Council discussed the traffic and security concerns brought forward in the letter from the adjacent landowner. C-212/08 MOVED BY COUNCILLOR J. HARBINSON that Bylaw 1646-08, being a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 10.0 acres (4.04 hectares) of land in a portion of the NE '/a 19-21-16-W4 from A - Agricultural District to PS -Public Service District, receive second reading. MOTION DEFEATED 11. POST AGENDA ITEMS -continued e. Meeting with A. Doerksen, MLA Administration was directed to invite D. Camplin of Alberta Transportation and A. Doerksen, MLA, to the July 10th, 2008 Council meeting at 1:00 p.m. Council also discussed rescheduling the July 7th, 2008 Municipal Committee meeting, due to a conflict with the Rural Matters! conference. 13. INFORMATION ITEMS a. Town of Bassano -Invitation Council was presented with an invitation to a retirement party being held at the Bassano Community Hall on Saturday, June 21, 2008 starting at 5:30 p.m. Councillor S. Evans requested that Councillors let her know if they would like to attend, and that she would pass this list ~~ on to K. Christman. C~`.J Regular Council Minutes Page 11 June 5, 2008 ARRIVED AT MEETING J. Jenkins and T. Jenkins arrived at 11:29 a.m. 9. BYLAWS -continued c. Bylaw 1648-08 - 08 LUA 006 Julie & Tyler Jenkins (Owner/Applicant) A -Agricultural District to CR -Country Residential District (1St Reading) D. Horvath provided background information on this item, indicating that it was a reapplicafion of 08 LUA 004. Council discussed alternatives to rezoning the parcel, including making an exception and allowing three Agricultural parcels on the section. D. Horvath indicated that this could be done, but there was no guarantee that the Municipal Planning Commission would make the same exception when the subdivision application comes forward. J. Jenkins indicated that they had discussed all the options with D. Horvath and they would be satisfied with either an Agricultural or Country Residential land designation. She also indicated they had discussed their plans with the owner of the adjacent feedlot and he had indicated that he had no objections. Councillor B. de Jong requested that a letter of approval be obtained from the owner of the adjacent feedlot. C-213/08 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1648-08, being a bylaw to redesignate approximately 9.93 acres (4.01 hectares) of land within Lot 1, Block 1, Plan 941 0922 (NW '/a 31-17-13-W4) from the A -Agricultural District to the CR -Country Residential District, receive first reading. MOTION CARRIED LEFT THE MEETING J. Jenkins and T. Jenkins left the meeting at 11:49 a.m. 12. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. ~ ~~ ~~ Regular Council Minutes June 5, 2008 13. INFORMATION ITEMS -continued Page 12 b. Letter from the City of Brooks Re: Municipal Development Plan, Area Structure Plan, & Land Use Bylaw Amendments (Plan 5228 FD, Parcel B) Council was presented with a letter from the City of Brooks indicating that they are considering amending their Municipal Development Plan, Area Structure Plan, and Land Use Bylaw for Plan 5228 FD, Parcel B. This item was accepted as information. c. Alberta Municipal Affairs -Annual Golf Tournament Council was presented with an advertisement for the Alberta Municipal Affairs Annual Golf Tournament being held on June 26, 2008 at 1:30 p.m. at the Raven Crest Golf & Country Club in Edmonton. This item was accepted as information. d. Letter from H. Schaible Council was presented with a letter from H. and 1. Schaible thanking the County of Newell for the installation of a guardrail in front of their property. This item was accepted as information. e. Canadian Paraplegic Association Presentations Council was presented with a letter from the City of Medicine Hat indicating that they were co-hosting fwo presentations with the Canadian Paraplegic Association. The presentations, entitled "Universal Design -The Good, the Bad, & the Ugly" and "Travelling with a Disability" are scheduled for Wednesday, June 18, 2008 at the Veiner Center. This item was accepted as information. ~~~~ f. Red Deer River Watershed Alliance -Annual General Meeting Council was presented with a letter from the Red Deer River Watershed Alliance indicating that their Annual General Meeting is scheduled for June 20t", 2008 at the Altaplex, Westerner Park in Red Deer from 10:00 a.m. - 3:00 p.m. This item was accepted as information and forwarded to Councillor R. Andrews. Regular Council Minutes June 5, 2008 ~~ 14. C-214/08 C-215/08 Page 13 IN CAMERA MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at 11:52 a.m. MOTION CARRIED MOVED BY COUNCILLOR A. EASTMAN that we move out of camera at 12:38 p.m. MOTION CARRIED LUNCH Council recessed for lunch at 12:38 p.m. and reconvened at 1:12 p.m. ARRIVED AT MEETING R. Dumonceau, Operations Manager, arrived at 1:12 p.m. 11. POST AGENDA ITEMS -continued b. Super B Trailers The Operations Manager presented Council with the quotes he had received for the new tri-axle trailers. The Operations Manager responded to several questions from Council. Vote on Motion C-209/08 -MOTION CARRIED 15. ADJOURN C-216/08 MOVED BY COUNCILLOR A.M. PHILIPSEN that the meeting adjourn at 1:23 p.m. MOTION CARRIED eeve ,t t ,~ ~.. Co' nt Administrator