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HomeMy WebLinkAbout2018-07-05 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL July 5, 2018 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, July 5, 2018 commencing at 11:14 a.m. MEMBERS PRESENT: COUNCILLORS: Molly Douglass, Reeve C. Amulung H. Kallen A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L. Juss STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development D. Horvath, County Planner S. Simpson, Development Clerk T. Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services G. Tiffin, Manager of Engineering Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: P. Mauerhoff, Shortgrass Library System J. Tilma, County Ratepayer R. Parsons,'County Ratepayer S. Hirch, County Ratepayer O. Shantz, North Headgates Area Redevelopment R. Redelback, North Headgates Area Redevelopment 14 Tenants - North Headgates Area Redevelopment J. Hayworth, Road Closure & SALE - Approval to Proceed J. Pittman, Road Closure & SALE - Approval to Proceed W. Takeda, Road Closures - Approval to Proceed 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 11:14 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council July 5, 2018 3. ADOPTION OF MINUTES 3.1 Minutes - Council (June 21, 2018) C-195/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the June 21, 2018 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. ARRIVED AT MEETING Councillor L. Juss arrived at 11:16 a.m. 5. ADOPTION OF AGENDA CA96/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that the agenda be adopted as presented. MOTION CARRIED ARRIVED AT MEETING S. Hirch arrived at 11:17 a.m. 8. DELEGATIONS 8.1 Shortgrass Library System (P. Mauerhoff) P. Mauerhoff provided background information on the Shortgrass Library System. She gave an overview of the services provided to the member libraries, which include funding that directly benefits patrons and connecting libraries to facilitate the sharing of materials. She provided an overview of the financial information, indicating that there will be no increase to the annual per capita contribution for 2019. ARRIVED AT MEETING R. Parsons arrived at 11:24 a.m. P. Mauerhoff provided information regarding the value of services provided by the Shortgrass Library System including statistics on the number of library patrons that took advantage of free online courses. She provided an overview of the capacity grant funding and Windows 10 Refresh initiatives. ARRIVED AT MEETING ut rt, D. Horvath, and S. Simpson arrived at 11:27 a.m. Page 2 of 13 Regular Council July 5, 2018 Council was given the opportunity to ask questions. P. Mauerhoff responded to questions regarding the change in the Alberta Supernet supplier. ARRIVED AT MEETING M. Harbicht, G. Tiffin, and J. Tilma arrived at 11:30 a.m. LEFT THE MEETING P. Mauerhoff left the meeting at 11:30 a.m. C-197/18 MOVED BY COUNCILLOR WAYNE HAMMERGREN that we move into Public Hearings at 11:33 a.m. MOTION CARRIED 6. PUBLIC HEARINGS 6.1 Bylaw 1913-18 Road Closure & SALE (SW 5-14-13-W4) Reeve M. Douglass reviewed the procedures that would be followed for the hearing. The Director of Municipal Services distributed cost estimates for road construction, indicating that the proposed road alignment is $64, 000.00 more than the existing C, =� road alignment. He reported that the legal counsel for R. Parsons did not receive the Estimated Schedule of Quantities when they were e-mailed on June 27, 2018, so R. Parsons was unable to obtain his own road construction estimates. The Director of Municipal Services provided information from the County's legal counsel, suggesting a Deferred Road Cost Contribution Agreement. between the County and J. Tilma to ensure that the cost difference is the responsibility of J. Tilma. The Director of Municipal Services suggested that the Public Hearing could be recessed again to allow R. Parsons and J. Tilma to review the cost estimates and gather more information. The Director of Municipal Services responded to questions from Council. The development of the road would be triggered by a development permit, which may not happen for several years, and cost estimates are subject to change for a variety of reasons. The Director of Municipal Services responded to questions, indicating that the cost estimates are for the full length of the road. Council requested the cost estimate to construct the portion of road that J. Tilma plans to construct to accommodate the development of a potato storage facility. The County Planner indicated that the purpose of the public hearing was to consider the closure of an existing road allowance and the ability to register a road diversion to provide access. The cost of future road construction is a separate conversation. She outlined the process, indicating that there is time for County staff and the landowners involved to work out the road construction details before the bylaw receives second and third reading. The Director of Municipal Services indicated that the cost for the portion of road to be constru�"ted by J. Tilma in the �) future is roughly $45,000.00 and that all costs have been a imated. Page 3 of 13 Regular Council July 5, 2018 J. Tilma expressed concerns with the estimated road construction costs. The Director of Municipal Services responded to questions regarding funding available to landowners under the County's "Roads - Construction on Road Allowances at the Request of Individuals" policy. 0 R. Parsons indicated that he preferred the existing access to his parcel. S. Hirch, a landowner of a parcel to the north, requested that the portion of RR135 going south from the beginning of the proposed access remain open to allow access to the river. The Director of Municipal Services indicated that there were no plans to close that portion of road at this time as it is the only access for the property to the south. The Manager of Planning & Development responded to questions regarding the next steps in the process, indicating that she would notify R. Parsons when Bylaw 1913-18 would return to Council for second and third reading. The road construction on the diversion road that is proposed to replace the closed road allowance will be triggered by a development permit application. The Chief Administrative Officer suggested that, if J. Tilma and R. Parsons need more time to consider all the information presented, the Public Hearing can be recessed. Discussion followed regarding the issue of R. Parsons not receiving the information prior to this meeting. The Director of Municipal Services reported that he forwarded the information to R. Parsons' legal counsel on June 27, 2018 and there was no indication that the e-mail had been rejected. R. Parsons responded to questions from Council regarding the cost estimates, indicating that he is more concerned with the driveability of the proposed route than the cost of the upgraded road. He indicated that he is not requesting additional time to review the cost estimates. The County Planner responded to questions from Council, indicating that the County must ensure that every parcel of land has access to a registered road allowance. Construction costs are associated with development. The Director of Municipal Services responded to questions regarding driveability, indicating that weather conditions can make either of the routes challenging in their current states. Council asked J. Tilma if he required more time to consider the information. J. Tilma indicated that he would like more time to consider the construction costs, but not the road closure. LEFT THE MEETING J. Tilma, R. Parsons, S. Hirch, and S. Simpson left the meeting at 12:23 p.m. 6.2 Bylaw 1914-18 Road Closure & LEASE (SE & SW 6-21-18-W4) Reeve M. Douglass called the Public Hearing to order at 12:23 p.m. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The Manager of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1914-18. The intent of this bylaw is Page 4 of 13 Regular Council July 5, 2018 to close and LEASE that portion of the original government road diversion plan 7257BM within SE & SW 6-21-18-W4. The Manager of Planning & Development provided background information on this item, indicating that a copy of the document had been circulated to all adjacent landowners as well as to a list of affected agencies. No responses were received from adjacent landowners. All required referrals have responded with no objections except for Telus. The Manager of Planning & Development indicated that Telus would be contacted again prior to sending the bylaw to Alberta Transportation for approval. The Municipal Services Department agrees with a closure and lease. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. C-198/18 MOVED BY COUNCILLOR LIONEL JUSS that we move out of Public Hearings at 12:28 p.m. MOTION CARRIED LUNCH Council RECESSED for lunch at 12:28 p.m. and RECONVENED at 1:01 p.m. ARRIVED AT MEETING 0. Shantz, R. Redelback, and 14 tenants of the North Headgates development arrived at 1:01 P.M. 8. DELEGATIONS — continued 8.2 North Headgates Area Redevelopment Plan (0. Shantz) The Director of Corporate Services provided background information on this item. An alternate proposal submitted by 0. Shantz was reviewed by Council during the June 21, 2018 meeting. Staff indicated that the proposed changes to road alignments and lot lines can be accommodated. The proposal for individual sewage holding tanks rather than a communal sanitary sewer collection system, while it may result in immediate cost savings, may not be in the best interests of the development from a long-term planning perspective. 0. Shantz outlined the proposed changes. The installation of a communal sanitary sewer system would result in a local improvement tax of approximately $96, 000.00 per lot. 0. Shantz indicated that this is not feasible for the existing tenants who are likely the only viable purchasers for these lots. The irrigation system was upgraded last year according to the requirements of the Eastern Irrigation District. 0. Shantz proposed that the irrigation system be run by a homeowner's association and an encumbrance agreement woulp outline responsibility for payment by each lot. He suggested that tenants not Pe required to connec to the County's rural water distribution system. 0. Shantz 6,7ed a meeting e Page 5 of 13 Regular Council July 5, 2018 tenants of the North Headgates development and only one of the twenty-four in attendance was in favor of proceeding with full -service hookups. He provided examples of areas where individual sewage holding tanks have been successful. O. Shantz indicated that he had discussed options with the Director of Corporate Services, including the possibility of applying a separate local improvement tax to those properties requiring new holding tanks or a bylaw stating that septic fields must be removed and replaced within two years. Council was given the opportunity to ask questions. O. Shantz responded to questions regarding the guarantees to the County that will ensure that the County will not have to deal with life safety issues associated with individual holding tanks in the future, indicating that bylaws can be put in place and enforced. The Director of Corporate Services responded to questions regarding property taxes, indicating that the outstanding balance must be paid before subdivision can occur. O. Shantz provided further background information on the tax structure for the development. O. Shantz responded to further questions regarding individual holding tanks, suggesting that bylaws or development agreements be established to govern installation, inspection, and maintenance requirements. The County can provide a list of certified installers and inspectors and make the individual lots responsible for certification. Discussion followed. O. Shantz indicated that, once the County's position has been decided, an additional tenant's meeting will be held. The County Planner responded to questions regarding individual tanks, indicating that there would be a mechanism for regular inspections and enforcement if the inspections do not occur. She indicated that development agreements must have security that allow the County to complete the required work. She also asked Council to consider how this development would function as a subdivision, whether the lots should be upgraded prior to subdivision, and who would sign the development agreements. O. Shantz responded that the land is the security. He responded to further questions regarding the development agreement, indicating that the only thing required at this time is a clause for individual sewage holding tanks. He responded to questions regarding lot servicing, indicating that the lines are all there and the budget provided includes servicing for all lots. G. McCrady, a tenant, expressed concerns with the cost of the North Headgates Area Redevelopment Plan, indicating that the proposal by O. Shantz is more feasible. The Director of Corporate Services indicated that the costs associated with registering the subdivision and construction would be funded through a local improvement tax. He indicated that it would be challenging to find a solution that would fund only those tanks requiring upgrades through a local improvement. Ideally, the individual lot owners should fund their own upgrades. If Council is prepared to relax the requirement for a communal sanitary sewer system, more information is needed on how the existing tanks will be upgraded to meet current standards. Further, he asked who would be responsible for costs associated with the required permits and inspections. O. Shantz indicated that he would have to discuss this further with the other landowner and her legal counsel, but it is possible that this could be included in the sale price for the individual lots. This item will be brought back to a future Council meeting for further discussion i) Page 6 of 13 Regular Council July 5, 2018 LEFT THE MEETING O. Shantz, R. Redelback, and 14 tenants of the North Headgates development left the meeting at 1:59 p.m. RECESS Council RECESSED at 2:00 p.m. and RECONVENED at 2:20 p.m. 8. DELEGATIONS — continued 8.2 North Headgates Area Redevelopment Plan (O. Shantz) — continued Discussion followed on whether to consider individual sanitary sewer holding tanks. The Manager of Planning & Development provided information regarding the process and estimated costs for tank inspection. At the end of the inspection, the certified inspector provides a letter stating the date of the inspection and the estimated remaining life of the tank. The inspector does not certify the tank to meet all codes and standards. The Manager of Planning & Development indicated on a map that many of the existing tanks do not meet setback requirements from buildings and lot lines and will likely have to be moved or replaced. Further, every tank must be inspected and none of the tanks have permits. The Manager of Planning & Development provided further information regarding Alberta Safety Codes requirements and costs associated with long term maintenance of the tanks. She also indicated that the lots cannot be sold until they are subdivided as individual titles are required. ARRIVED AT MEETING J. Pittman and J. Hayworth arrived at 2:32 p.m. Discussion continued. The Chief Administrative Officer indicated that, while the lots may be serviced, there are no easements in place and the lines may not be in the correct location. He noted that the binding letter of intent assigns the County the responsibility for the subdivision and states that the landowners would sign a development agreement with the County. The issue becomes more complicated if more than one development agreement is required. Council indicated that they would wait for more information from O. Shantz and asked that staff ensure that the County's concerns are communicated and understood. 10. ADMINISTRATIVE BUSINESS 10.4 Road Closure - Approval to Proceed (Sale) - Hamlet of Cassils (SW 5-19-15-W4) The Manager of Planning & Development provided background information on this item. The applicants would like to close the road allowance and lane to consolidate the land with the parcel to the west to help meet the setback requirements for a dwelling. Further, the lane would be subdivided and sold to the adjacent landowner if they are interested. The Manager of Planning & Development Page 7 of 13 Regular Council July 5, 2018 responded to questions from Council, indicating that she would confirm the market value provided by the County Assessor. The applicants were available to respond to questions from Council. The Director of Municipal Services provided further information on the site. C-199/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we proceed with the process for closing and SELLING a length of road allowance in the Hamlet of Cassils east of Lot 1, Plan 8699GA, starting at TR190 continuing northeast for 36.5m (road) and then southeast for 63m (alley). MOTION CARRIED LEFT THE MEETING J. Pittman and J. Hayworth left the meeting at 2:50 p.m. 7. BYLAWS 7.1 Bylaw 1913-18 - Road Closure & SALE (SW 5-14-13-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-200/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1913-18, being a bylaw for the purpose of closing to public travel and SELLING that portion of road adjacent to the south boundary of SW 5-14-13-W4, be given FIRST reading. MOTION CARRIED (_ J 7.2 Bylaw 1914-18 Road Closure & LEASE (SE & SW 6-21-18-W4) The Manager of Planning & Development provided background information on this item and responded to questions,from Council. C-201/18 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1914-18, being a bylaw for the purpose of closing to public travel and LEASING that portion of the original Government Road Diversion Plan 7257BM lying within SE & SW 6-21-18-W4, be given FIRST reading. MOTION CARRIED 10. ADMINISTRATIVE BUSINESS — continued 10.3 Road Closure - Approval to Proceed (Lease) - Hamlet of Tilley Recycling Trailer Location The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-202/18 MOVED BY COUNCILLOR ELLEN UNRUH that we proceed with the process for closing and LEASING a length of road allowance (alley) in the Hamlet of Tilley east of Block 4, Plan 10889, starting at 3rd Avenue E and continuing northeast for 32 m. MOTION CARRIED Page 8 of 13 Regular Council July 5, 2018 ARRIVED AT MEETING W. Takeda arrived in at 2:59 p.m. 10.1 Planning & Development Report The Manager of Planning & Development presented an update on the recent activities of the Planning & Development Department. Council was given the opportunity to ask questions. C-203/18 MOVED BY COUNCILLOR TRACY FYFE that the Planning & Development Report for June 2018 be accepted as presented. MOTION CARRIED 10.2 Road Closures (3) - Approval to Proceed (Takeda Farms) The Manager of Planning & Development provided background information on this item, indicating that the transfer of land that had been agreed to in the past was never completed. The landowner would be responsible for the survey costs required by Land Titles. The Manager of Planning & Development responded to questions from Council. C-204/18 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Council APPROVES the request to close Road Plan 0010439 and transfer the land to Takeda Feeding Co. Ltd. at no cost to Takeda Feeding Co Ltd.; upon transfer of the road allowance lands, Takeda Feeding Co. Ltd. will be responsible for paying all costs associated with the consolidation of the road allowance with their adjacent land. MOTION CARRIED C-205/18 MOVED BY COUNCILLOR BRIAN DE JONG that Council APPROVES the request from W. Takeda to waive the application fee to close and sell/lease the road allowance land. MOTION CARRIED The Manager of Planning & Development provided background information on the application to close and lease the road allowance. She indicated on the map a portion of road allowance adjacent to land owned by another landowner and suggested that this be included. The lease agreement will allow access by both landowners and both will be responsible for a portion of the lease fee. The Manager of Planning & Development provided background information on the application to close and sell the road allowance, indicating that the road allowance would be consolidated with the adjacent land. Council was given the opportunity to ask questions. The Manager of Planning & Development indicated on the map the parcels that would be consolidated. She indicated that a purchase and consolidation would provide more flexibility for development. With a closure and lease, the prop rty lines remain the me and setbacks must be considered. W. Takeda provide backgr d ' f rrr n the property, indicating that development had occurre i ut t dow►� r eing Page 9 of 13 Regular Council July 5, 2018 aware of the road allowances. The Manager of Planning & Development responded to further questions from Council. Discussion followed regarding the portion of road allowance access to the river from RR160. That portion will be C 11 omitted from the road closure application. C-206/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that we proceed with the process for closing and SELLING the following road allowances: • Road Plan 7411 BM (+/-3.09 ac) • A portion of NE 35-14-16 W4M (+/-1.52 ac) • SW 36-14-16 W4M (+/-4.Oac) • NW 25-14-16 W4M (+/-4.0 ac) and that we proceed with the process for closing and LEASING the following road allowances: • W Y 5-15-15 W4M • NW 33-15-15 W4M and a portion of SW 33-15-15 W4M • EY 36-14-16 W4M; NE 36-14-16 W4M and a portion of NW 36-14-16 W4M • N '/ 31-14-15 W4M. MOTION CARRIED LEFT THE MEETING A. Wickert, D. Horvath, and W. Takeda left the meeting at 3:27 p.m. 7. BYLAWS — continued 7.3 Bylaw 1915-18 Intermunicipal Collaboration Framework County of Newell & MD of Taber The Chief Administrative Officer provided background information on this item and responded to questions from Council. C-207/18 MOVED BY COUNCILLOR TRACY FYFE that Council APPROVES the Intermunicipal Collaboration Framework Agreement between the County of Newell and the Municipal District of Taber. MOTION CARRIED C-208118 MOVED BY COUNCILLOR HUBY KALLEN that Bylaw 1915-18, being a bylaw to adopt the County of Newell and Municipal District of Taber Intermunicipal Collaboration Framework Agreement, be given FIRST reading. MOTION CARRIED Page 10 of 13 Regular Council July 5, 2018 9. AGRICULTURAL SERVICES BUSINESS 0 9.1 ASB Update The Director of Agricultural Services presented an update on the recent activities of the Agricultural Services Department. LEFT THE MEETING Councillor A.M. Philipsen left the meeting at 3:38 p.m. Council was given the opportunity to ask questions. The Director of Agricultural services responded to questions from Council regarding weed control on Highway 1 and clubroot inspection. LEFT THE MEETING T. Green left the meeting at 3:46 p.m. 10. ADMINISTRATIVE BUSINESS - continued 10.5 Alberta Emergency Management Framework Review The Director of Corporate Services provided background information on this item and responded to questions from Council. He noted that two reviews are currently underway, one of them involves safety programs and Occupational Health & Safety and there are concerns that the proposed changes may make it more difficult for volunteer firefighters to do their jobs. This is a review of the Alberta Emergency Management Framework and the changes will require municipalities to become more prepared for events with additional training, regular meetings, and participation in mock disaster exercises. This item was accepted as information. 10.6 Cheques for Payment The Director of Corporate Services responded to questions from Council. C-209118 MOVED BY COUNCILLOR CLARENCE AMULUNG that cheque 186589 in the amount of $901,696.06 be APPROVED. MOTION CARRIED 10.7 Payment Register C-210/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Payment Register be accepted. MOTION CARRI Page 11 of 13 Regular Council July 5, 2018 10.8 Requests for Functions of Council There were no functions of Council to discuss at this meeting. 11. MUNICIPAL SERVICES BUSINESS 11.1 Director of Municipal Services Report The Director of Municipal Services presented his report to Council, giving an overview of the highlights. Council was given the opportunity to ask questions. The Director of Municipal Services indicated that he would follow upon the lack of signage for the shoulder pull work being done in Division 6. 11.2 Utilities - NRSC Report The Utilities - NRSC Report was presented to Council. Council was given the opportunity to ask questions. C-211118 MOVED BY COUNCILLOR HUBY KALLEN that the Director of Municipal Services Report and the Utilities - NRSC Report for June 2018 be APPROVED as presented MOTION CARRIED LEFT THE MEETING M. Harbicht left the meeting at 4:14 p.m. 12. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 13. INFORMATION ITEMS 13.1 Upcoming Community Events Council was provided a form to submit information for upcoming events in their community. 14. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Page 12 of 13 Regular Council July 5, 2018 15. IN CAMERA (-)12/18 MOVED BY COUNCILLOR ELLEN UNRUH that we move in camera at 4:14 p.m. to discuss the following matters: • Legal - FO/PP Act Section 27; • Legal - FO/PP Act Section 27. MOTION CARRIED C-213/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that we move out of camera at 5:15 p.m. MOTION CARRIED 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 5:15 p.m. Signed this I day of , 2018 Reeve � ministrator Page 13 of 13