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Home My WebLink About2006-07-06 Council (Regular) Minutes/~' C-296106 1. COUNTY OF NEWELL N0.4 MINUTES OF COUNCIL MEETING JULY 6, 2006 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, July 6, 2006 commencing at 10:04 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eckert H. Wutzke ABSENT: A. Eastman STAFF: A. Martens, County Administrator N. Moriyama, Assistant Administrator A. Clapton, Administrative Secretary OTHERS IN J. Brees, Brooks & County Chronicle ATTENDANCE: G. Gallup (06 LUA 009) H. Ham (06 LUA 009) EXCUSED FROM MEETING MOVED BY COUNCILLOR SCHROEDER that Councillor Eastman be excused from the meeting. MOTION CARRIED 2. MINUTES Council Minutes -June 22. 2006 The following changes were made to the June 22, 2006 minutes: a. Page 4 -Post Agenda (b) -amend to note that Councillor Vermeeren may have to leave early. b. Page 5 -Bow River Basin Council report -replace "Gala" with "Ground Water Sustainability Workshop': ~~„_ ~ Regular Council Minutes Page 2 July 6, 2006 C-297/06 MOVED BY COUNCILLOR PHILIPSEN that the June 22, 2006 Council ~> minutes be adopted as amended. MOTION CARRIED Council Minutes -June 8, 2006 The following change was made to the June 8, 2006 minutes: a. Page 11-Motion C-258/06 -delete "MOTION CARRIED': C-298/06 MOVED BY COUNCILLOR VERMEEREN that the June 8, 2006 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 o C-299/06 MOVED BY COUNCILLOR DANIELS that we adopt the agenda as amended. MOTION CARRIED 5. BUSINESS FROM MINUTES There was no business from the minutes. An-ived at Meetin_g The County Planner and the Development Officer arrived of the meeting at 10:10 a.m. Regular Council Minutes July 6, 2006 ~..,. 6. STAFF DELEGATIONS a. Tammy Henry, County Planner Municipal Planning Commission 1. Old Items a. Bylaw 1574-06 - 06 LUA 010 Page 3 C-300/06 MOVED BY COUNCILLOR VERMEEREN that motion C-258/06, which reads as follows be lifted from the table: MOVED BY COUNCILLOR VERMEEREN that Bylaw 1574-06, to rezone approximately 9.17 hectares (22.67 acres) of land in Pt. NE 13-21-16-W4M from the Agricultural District to the Country Residential 2 District, receive second reading. MOTION CARRIED A letter was circulated that indicated Councillor Eastman's support of this application as well as application 06 LUA 009. ,,.-~C-301/06 MOVED BY COUNCILLOR VERMEEREN that the vote on this motion be postponed to follow item 8(d). MOTION CARRIED 2. New Items a. #06 LUA 013 -Bylaw 1581-06 - Pt. SW 1-19-14-W4 R.C. Baksa Stores Ltd. (Owner/Applicant) Division 10 (Approx. 4.40 ac) From CR -Country Residential District to DC -Direct Control District Councillor Wutzke excused himself from the meeting at 10:20 a.m. C-302/06 MOVED BY COUNCILLOR VERMEEREN that Bylaw 1581-06 to amend Land Use Bylaw 1443-03 by rezoning approximately 1.78 hectares (4.40 acres) of land in Pt. SW 1-19-14 W4M, from CR - Country Residential District to DC -Direct Control Distlct be given first reading. ~ MOTION CARRIED Regular Council Minutes Page 4 July 6, 2006 b. #06 LUA 015 -Bylaw 1583-06 - Pt. NW 36-20-16-W4 _ Gary & Patricia Norton (Owner/Applicant) Division 7 (Approx. 7.11 ac) From A -Agricultural District to RUR -Rural Residential District C-303106 MOVED BY COUNCILLOR SCHROEDER that Bylaw 1583-06 to amend Land Use Bylaw 1443-03 by rezoning approximately 2.88 hectares (7.11 acres) of land in NW 36-20-16 W4M from A - Agricultural District to RUR -Rural Residential District be given first reading. MOTION CARRIED c. #06 NL 007 -Plan 8411 G.J. (Pt. NW 24-17-14-W4) -Division 2 961078 Alberta Ltd. (Owner), Devon Buteau (Applicant) Subdivision of approximately 2.46 hectares (6.09 acres) into a CR - Country Residential lot from a larger CR -Country Residential parcel C-304/06 MOVED BY COUNCILLOR VERMEEREN that Subdivision 06 NL 007, °~' the subdivision of approximately 2.46 hectares (6.09 acres) into one C Country Residential lot from a larger CR -Country Residential 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 the 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. Caveats may be placed on title for this requirement and placement and removal of caveats will be the responsibility of the property owner. 4. The applicant entering into cross access agreements with any affected utility or pipeline owners. 5. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $1,700.00 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. ~'` disputed by the applicant. .,..~" `~_1` ~ 6. The applicant meeting all the requirements of the Eastern Irrigation Regular Council Minutes Pa e 5 July 6, 2006 9 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 9. CORRESPONDENCE a. Beaumont Church L.L.P. Request for tax penalty cancellation -Owner #5857 A letter was presented to Council from Beaumont Church L.L.P. requesting a tax penalty cancellation for Owner #5857. C-305/06 MOVED BY COUNCILLOR DANIELS that Council cancel the tax penalties on the taxes of owner #5857. MOTION DEFEATED 10. CHEQUES FOR PAYMENT C-306/06 MOVED BY COUNCILLOR PHILIPSEN that cheques 156487 to 156585 and Direct Debit Batch 10838, in the total amount of $1,197,038.61, be approved. /-` MOTION CARRIED 13. COMMITTEE REPORTS a. Municipal Road Closure Bylaw #1586-06 was circulated to Council. C-307/06 MOVED BY COUNCILLOR VERMEEREN that Bylaw 1586-06 for the purpose of closing to public travel and leasing portions of a public highway receive first reading. C-308/06 MOVED BY COUNCILLOR VERMEEREN that Motion C-307/06 be tabled. MOTION CARRIED b. Municipal Planning Commission i''` Councillor Nesbitt inquired about a permit for a sandblasting operation and was told that an application has been received but is not processed. ~f/1~... Regular Council Minutes July 6, 2006 c. d. Arrived at Meetin_g Page 6 Workshop Session .~ No report Newell Regional Solid Waste Management Authority Council is scheduled to tour the landfill at 8:30 a.m. on July 20, 2006. At the last meeting of the Newell Regional Solid Waste Management Authority, a bid was accepted from Broerson Construction Ltd. to create another municipal solid waste cell. David Wiens arrived at the meeting at 10:45 a.m. Municipal Planning Commission 2. New Items d. #06 NL 008 - Pt. SW 32-20-14-W4 -Division 8 David & Elsie Wiens (Owner/Applicant) ~`'~ Subdivision of approximately 15.69 hectares (38.77 acres) into ~ 3 CR -Country Residential lots from a larger CR -Country Residential parcel Mr. Wiens was asked if he had to give up access to his own property from Highway 550, and he replied that AIT had told him that all accesses are temporary but he could use it for the time being. C-309/06 MOVED BY COUNCILLOR VERMEEREN that Subdivision 06 NL 008, for the subdivision of approximately 15.69 hectares (38.77 acres) into 3 CR -Country Residential lots from a larger CR -Country Residential 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 the 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, 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. `,,_~~ Regular Council Minutes Page 7 July 6, 2006 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 all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant meeting all of Alberta Infrastructure and Transportation's requirements. 7. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $3,500.00 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. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED David Wiens left the meeting at 10:47 a.m. 13. COMMITTEE REPORTS -continued ~''~ e. Road Ban Committee The Road Ban Committee removed the ban on the Peltzer Road on June 28th, 2006. Salary Negotiating Committee This item will be discussed in the in camera portion of this meeting. g. 9-1-1 Committee No report 12. POST AGENDA ITEMS a. Meetins~ with Hon. Tv Lund, Infrastructure ~ Transaortation Minister The County Administrator reported that an a-mail had been received asking whether representatives from the County would like Regular Council Minutes Page 8 July 6, 2006 to meet in Calgary or Edmonton and requesting more detail on our requested items for discussion. -.,, C-310/06 MOVED BY COUNCILLOR VERMEEREN that the Transportation Committee meet with Hon. Ty Lund. MOTION CARRIED Arrived at Meeting Tom Parker, Tammie Cage, Bill Easter, Barbara Sulz, Maxine Chizik, Susan & Larry Wiens, Mark & Rebecca Gallup, Laurel & Ben Nickel, and Cory Baksa arrived at the meeting at 11:00 a.m. 7. PUBLIC HEARINGS a. 06 LUA 012 -Bylaw 1580-06 - Pt. NE 7-19-14-W4 -Division 10 Darrell & Kathleen Smith (Owner/Applicant) (Approx. 133.03 acres) A -Agricultural District to I -Industrial District Reeve Douglass called the Public Hearing to order at 11:04 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1580-06. Bylaw 1580-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the NE 7-19- 14-W4 from the Agricultural District to the Industrial District. The County Planner presented background information on this application. Reeve Douglass reviewed the procedures that would be followed for the hearing. There were no persons in attendance speaking either in favour or in opposition to the proposed rezoning. Council was given the opportunity to ask questions of the County Planner. There were no questions. b. 06 LUA 014 -Bylaw 1582-06 - Pt. SW 29-21-17-W4 -Division 6 Maxine Chizik (Owner/Applicant) (Approx. 56.0 acres) A - Aaricultural District to RUR -Rural Residential District Reeve Douglass called the Public Hearing to order at 11:07 a.m. ~-r.' ~9 Regular Council Minutes Page 9 July 6, 2006 The Administrator stated that the purpose of the Public Hearing was to ,.., hear representations on Bylaw 1582-06. Bylaw 1582-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the S W 29- 21-17-W4 from the Agricultural District to the Rural Residential District. The County Planner presented background information on this application. Reeve Douglass did not review the procedures that would be followed for the hearing, as there were no additional individuals present. The applicant was given the opportunity to present her case. There were no others in attendance speaking in favour or opposed to this application. Council was given the opportunity to ask questions of the County Planner and/or applicant. Mrs. Chizik was asked why the parcel was being rezoned as it is too large for a Rural Residential Parcel. She replied that she had been told that it had to be Rural Residential to be subdivided, and that the irrigation ditch that was thought to form a natural division of the land is now underground. Mrs. Chizik was asked if her intention was to sell the additional land and she replied that she only wanted to keep the land where the house ~ and the slough is. The irrigated hay land will be sold. Arrived at Meeting Richard Wiens arrived at the meeting at 11:20 a.m. c. 06 LUA 011 -Bylaw 1579-06 - Pt. NE 13-21-16-W4 -Division 7 N. William & Roselynn Easter (Owner/Applicant) (Approx. 4.16 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:20 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1579-06. Bylaw 1579-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the NE 13- 21-16-W4 from the Agricultural District to the Country Residential District. The County Planner presented background information on this application. ~^ Reeve Douglass reviewed the procedures that would be followed for the hearing. ~.~ Regular Council Minutes Page 10 July 6, 2006 The applicant was given the opportunity to present their case and _ noted that they had nothing further to add. There was no one else in ~ attendance speaking in favour or opposed to this application. Council was given the opportunity to ask questions of the County Planner and/or applicant. Council asked what the 3'd parcel down to the east was zoned and was told that it was an Agricultural parcel with a cemetery. Tom Parker stated that he was not against this application. There were no letters received in opposition to this application. d. 06 LUA 009 -Bylaw 1578-06 - Pt. NW 18-21-15-W4 -Division 7 Gordon & Allison Gallup (Owner) Municipal Counsellors Inc. (Applicant) (Approx. 3.06 acres) A -Agricultural District to DC -Direct Control District Reeve Douglass called the Public Hearing to order at 11:25 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1578-06. Bylaw 1578-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the NW 18- 21-15-W4 from the Agricultural District to the Direct Control District. ~~ ~~ The County Planner presented background information on this application. Reeve Douglass did not review the procedures that would be followed for the hearing, as there were no additional individuals present. Hugh Ham, legal counsel for Gordon Gallup, spoke in favor of this application, stating that the Land Use Bylaw allows for commercial and industrial uses to service the agricultural industry. The parcel in this application is surrounded by Country Residential parcels, and the two parcels to the north are both being used for industrial purposes. Pictures were shown of the property and buildings, and a petition of support was circulated fo Council. Ben Nickel spoke in favour of this application, stating that the property in question was well-kept and the traffic is not an issue. Larry Wiens spoke in favour of this application and expressed concern with regard to the procedure thaf needed to be followed in order to establish a second business on one's land. --~ Tammie Cage presented a written report and spoke in opposition to this application. She expressed concerns that the Direct Control `,~ Regular Council Minutes Page 11 July 6, 2006 designation would not allow landowners to appeal further changes. ~,._,, She admitted that the property had been cleaned up, but the noise and traffic problems still exist. Tom Parker presented a written report and spoke in opposition to this application, citing conflicting land uses with adjacent parcels as stated by the Development Appeal Board. The business itself is commercial industrial and has nothing to do with agriculture. Hugh Ham, in his rebuttal, responded to the concerns of those opposed and stated that the discussion should be limited to matters of planning, not personal issues. The public hearings were adjourned at 11:58 a.m. Joan Brees and all of the public hearing attendees left the meeting at 11:58 a.m. Councillor Evans excused herself from the remainder of the meeting at 11:58 a.m. LUNCH Council RECESSED for lunch at 11:58 a.m. and RECONVENED at 1:01 p.m. Arrived at meeting Joan Brees, Mark Gallup, Rebecca Gallup, Gordon Gallup, Tom Parker, Tammie Cage, Barbara Sulz, Bill Easter, Tammy Henry and Patty Urban returned at 1:00 p.m. 8. BYLAWS a. Bvlaw 1580-06 - 06 LUA 012 C-311106 MOVED BY COUNCILLOR VERMEEREN that Bylaw 1580-06, to rezone approximately 53.84 hectares (133.03 acres) of land in Pt. NE 7-19-14-W4 from A -Agricultural District to I -Industrial District, receive second reading. MOTION CARRIED C-312/06 MOVED BY COUNCILLOR SCHROEDER that Bylaw 1580-06 receive third and final reading. ~` MOTION CARRIED ~~ Regular Council Minutes Page 12 July 6, 2006 b. Bylaw 1582-06 - 06 LUA 014 C-313/06 MOVED BY COUNCILLOR SCHROEDER that Bylaw 1582-06, to rezone approximately 22.66 hectares (56.0 acres) of land in Pt. SW 29- 21-17-W4 from A -Agricultural District to RUR -Rural Residential District, receive second reading. C-314/06 MOVED BY COUNCILLOR SCHROEDER that Bylaw 1582-06 be amended to read 66.4 acres instead of 56.0 acres. MOTION CARRIED Vote on second reading as amended. MOTION CARRIED C-315/06 MOVED BY COUNCILLOR NESBITT that Bylaw 1582-06 receive third and final reading. MOTION CARRIED c. Bylaw 1579-06 - 06 LUA 011 C-316/06 MOVED BY COUNCILLOR DANIELS that Bylaw 1579-06, to rezone --.,. approximately 1.68 hectares (4.16 acres) of land in Pt. NE 13-21-16- W4 from A -Agricultural District to CR -Country Residential District, receive second reading. MOTION CARRIED C-317/06 MOVED BY COUNCILLOR PHILIPSEN that Bylaw 1579-06 receive third and final reading. MOTION CARRIED d. Bylaw 1578-06 - 06 LUA 009 C-318106 MOVED BY COUNCILLOR DANIELS that Bylaw 1578-06, to rezone approximately 1.24 hectares (3.06 acres) of land in Pt. NW 18-21-15- W4 from A -Agricultural District to DC -Direct Control District, receive second reading. MOTION CARRIED C-319/06 MOVED BY COUNCILLOR PHILIPSEN that Bylaw 1578-06 receive ---., third and final reading. MOTION CARRIED Regular Council Minutes Page 13 July 6, 2006 ~..., e. Bylaw 1574-06 - 06 LUA 010 Vote on postponed motion C-258/06 which reads: MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1574-06, to rezone approximately 9.17 hectares (22.67 acres) of land in Pt. NE 13-21-16-W4M from the Agricultura! District to the Country Residential 2 District, receive second reading. C-320/06 MOVED BY COUNCILLOR VERMEEREN that Bylaw 1574-06 be amended to rezone approximately 9.17 hectares (22.67 acres) of land in Pt. NE 13-21-16-W4M from the A -Agricultural District to the CR - Country Residential District. MOTION CARRIED Vote on second reading as amended. MOTION CARRIED ,,.~-321/06 MOVED BY COUNCILLOR SCHROEDER that Bylaw 1574-06 receive third and final reading. MOTION CARRIED Mark Gallup, Rebecca Gallup, Gordon Gallup, Tom Parker, Tammie Cage, Barbara Sulz, Bill Easter, Tammy Henry and Patty Urban left the meeting at 1:14 p.m. 12. POST AGENDA ITEMS -continued c. August meeting dates C-322/06 MOVED BY COUNCILLOR PHILIPSEN that the August 8t" Municipal Committee Meeting and Council Workshop Session and the August 10~' Council meeting be cancelled. MOTION CARRIED Arrived at meeting '~ Special Constable Scott Simpson arrived at the meeting at 1:20 p.m. Regular Council Minutes Page 14 July 6, 2006 b. Request from the EID for a Road Ban permit on Lake Newell Resort Road The Special Constable reported that the EID had approached the County asking permission to move a track hoe into Lake Newell Resort for work at the marina. C-323/06 MOVED BY COUNCILLOR DANIELS that the EID be granted a road ban permit to move their excavation equipment before 8:30 a.m. at 90% weight using the access off Highway 873 travelling at a maximum speed of 50km/h. Councillor Nesbitt requested a Recorded Vote. For: Division 1 -Councillor Daniels Division 2 -Councillor Schroeder Division 3 -Councillor Philipsen Division 4 -Councillor Vermeeren Division 8 -Councillor Eckert Division 9 -Reeve Douglass Against: Division 5 -Councillor Nesbitt Absent: Division 6 -Councillor Evans Division 7 -Councillor Eastman Division 10 - Councillor Wutzke MOTION CARRIED Special Constable Scott Simpson left the meeting at 1:39 p.m. d. AAMD & C C-324/06 MOVED BY COUNCILLOR NESBITT that a letter of thanks be sent to Don Johnson and the AAMD & C in appreciation of their efforts in keeping its member municipalities informed. MOTION DEFEATED e. Heavy Duty Equipment Operator Training Program Councillor Daniels reported that the Medicine Hat College -Brooks Campus has agreed to arrange the theory part of the training program and that they are looking for cooperation from the County. This item will be brought back to the next meeting. Regular Council Minutes July 6, 2006 ~ 11. OTHER BUSINESS There were no items of other business. 14. QUESTION PERIOD/NOTICE OF MOTION A question period was held. 15. INFORMATION ITEMS There were no information items. Page 15 16. IN CAMERA C-325/06 MOVED BY COUNCILLOR VERMEEREN that we move in camera at 1:48 p.m. MOTION CARRIED .:-326/06 MOVED BY COUNCILLOR VERMEEREN that we move out of camera at 2:22 p.m. MOTION CARRIED 17. ADJOURN C-327/06 MOVED BY COUNCILLOR PHILIPSEN that the meeting adjourn at 2:23 p.m. MOTION CARRIED Reeve County Administrator o