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Home My WebLink About1995-10-05 Council (Regular) Minutes,~-~ County of Newell No. 4 Minutes of Council Meeting October 5, 1995 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, Alberta on Thursday, October 5, 1995 commencing at 10:00 a.m. Members Present Reeve W. Rommens Councillors U. Fabian N. Berg E. Stubbs B. Baxter M. Loewen B. Scheuerman M. Douglass P. Barg Administrator M. Bowen 1. ~, Excused from Meetin4 , Moved by Councillor Barg that Councillor Daniels be excused from this meeting. Carried. ~ ---• .~ ~~ l~ Minutes Minutes of the September 21, 1995 meeting were presented. Moved by Councillor Douglass that we adopt these minutes as circulated. Carried. 3. Call far Post Agenda Items The Reeve called for post agenda items. 4. Adoption of Agenda Moved by Councillor Stobbs that we adopt the agenda as amended. Carried. October 5, 1995 Page 176 5. Business from Minutes 11-11 By-law 1155-95 -Public Hearing Procedures By-law 1155-95, being a By-law for Public Hearing Procedures, was presented to Council. Moved by Councillor Loewen that By-law 1155-95 receive third reading. Carried. 6. Correspondence 1. Town of Brooks -Purchase of Land in the County In accordance with Paragraph 72 of the Municipal Government Act, a letter was presented to Council from the Town of Brooks requesting permission to purchase land within the County of Newell boundaries for the Regional Landfill Site. Moved by Councillor Loewen that we approve the request from the Town of Brooks #or purchase of land within the County. Carried. 2. Alberta Environment -Scandia Water Samples A letter from Alberta Environment, advising that the Scandia Water System has not submitted the number of samples required, was presented to Council. This item was accepted as ' '~ information. .... 3. Alberta Municipal Affairs • Lease of Crown Land A letter from Alberta Municipal Affairs regarding their interpretation of the leases at Kinbrook Island Park and the taxation of these lots was presented to Council. Moved by Councillor Fabian that we accept this as information. Carried. 7. Other Business 1. Adoption of Previous Year's Assessment far Taxation Moved by Councillor Scheuerman that we adopt the previous year's assessment for taxation in 1996. Carried. 2. Hamlet of Patricia -Curb Stops Information was presented to Council on the cost of installing curb stops at Patricia. October 5, 1995 Page 177 3. Patricia School -Roof Estimates Information was presented to Council on the cost of repairing the Patricia School roof. Moved by Councillor Fabian that we table this item for more information. Carried. 8. Subdivision & Development Appeal Board By-law ~-law 1158-95 By-law 1158-95, being a By-law to establish a Subdivision & Development Appeal Board, was presented to Council. Moved by Councillor Barg that By-law 1158.95 receive first reading. Carried. Moved by Councillor Loewen that By-law 1158-95 receive second reading. Carried. ~.. Moved by Councillor Berg that By-law 1158-95 receive consent of Council for third and final reading. Unanimous consent was not given, therefore this By-law did not receive third reading. 9. Inter-municipal Planning Commission Subdivision Authority By-law By-law 1159-95 1~~/ ' ' '~ By-law 1159-95, being a By-law to establish an Inter-municipal Planning Commission Subdivision Authority, was presented to Council. Moved by Councillor Loewen that By-law 1159-95 receive first reading. Carried. Moved by Councillor Scheuerman that By-law 1159-95 receive second reading. Carried. Moved by Councillor Stobbs that By-law 1159-95 receive consent of Council for third and final reading. Unanimous consent was not given, there#ore this By-law did not receive third reading. 10. Texas Gate By-law -E.I.D. - NE 36-24-16-4 By-law TG43-95 By-law TG43-95, being a By-law for the construction of a texas gate in NE 36-24-16-4, was presented to Council. Moved by Councillor Douglass that By-law TG43.95 receive first reading. Carried. Moved by Councillor Barg that By-law TG43-95 receive second reading. Carried. ,~- October 5, 1995 Page 178 Moved by Councillor Loewen that By-law TG43-95 receive consent of Council for third and final reading. Carried Unanimously. ~ Moved by Councillor Scheuerman that Bylaw TG43-95 receive third and final reading. Carried. 11. Committee Reports M.P.C. Subdivision 95 SE 66 - Morningside Farms - SE 36-18-15-4 Block 2 Plan 9211685 Moved by Councillor Loewen that we approve this subdivision subject to the Land Use Change for this parcel being approved; subject ~o the applicant entering into a Service Agreement to provide access to the remnant parcel, if required; subject to the applicant entering into a Water ~, ~ Agreement with the E.LD.; and subject to the applicant providing an easement over the remnant parcel in favour of the new parcel for Canadian Western Natural Gas. Moved by Councillor Berg that we amend this motion to add: "and subject to a dedication b wa of le al surve of 17' 1 Y Y 9 Y along the road allowance in front of the subdivided parcel." Vote on the amendment -Carried. Vote on the amended motion -Carried. Subdivision 95 SE 67 -Charles & Beverley Johnson -Lots 1 & 2 Block 7 Plan 1217 BA Moved by Councillor Loewen that we approve this subdivision. Carried. Subdivision 95 SE 68 -Neil Murray - SE 18-19-15.4 Moved by Councillor Loewen that we approve this subdivision subject to the applicant entering into a Water Agreement with the E.I.D.; subject to the applicant entering into a Service Agreement with the County to provide access to the remnant parcel in LSD 3; and subject to the applicant providing cash in-lieu-of Public Reserve in the amount of $1,500.00 per acre for the proposed 1.88 acre parcel. Carried. Subdivision 95 SE 69 -E.I.D. -Section 1-20-12-4 Moved by Councillor Loewen that we approve this subdivision. Carried. October 5, 1995 Page 179 ~~ Subdivision 95 SE 58 -Connie Lukye - Lat 2 Plan 8610237 Moved by Councillor Loewen that we approve this subdivision subject to the applicant providing an access road with a 15-metre width and a cul•de-sac with a 32-metre diameter; subject to the applicant increasing the size of Lot 3 to at least .2 hectares by moving the dividing line between Lots 3 & 4 one metre east; subject to the applicant increasing the size of Lot 2 to at least .2 hectares by moving the dividing line between Lots 2 & 5 east such that both lots are a minimum of .2 hectares; subject to the applicant entering into a Water Agreement with the E.I.D.; subject to the applicant providing any required utility easement; and subject to the applicant entering into a Development Agreement with the County for the construction of road, curb & gutters. Moved by Councillor Barg that we defer the vote on this motion until after the Public Hearings. Carried. Moved by Councillor Berg that we recess for a Public Hearing at 11:30 a.m. Carried. The regular meeting reconvened at 11:34 a.m. .~ ,~ Committee Reports (Cont'd.) ,. ~ ~ " Subdivision 95 SE 58 -Connie Lukye -Lot 2 Plan 8610237 (Cont'd.) ~~ ~ '~ Vote on the motion by Councillor Loewen -Carried. Municipal Councillor Scheuerman gave this report. Lunch Council recessed for lunch from 12:00 - 1:25 p.m. Moved by Councillor Stobbs that we recess for a Public Hearing at 1:30 p.m. Carried. The regular meeting reconvened at 1:43 p.m. October 5, 1995 Page 180 12. By-law 1153-95 -Jason Fillip -Land Use Change Bylaw 1153-95, being a By-law to amend Land Use By-law 1004-90 in Pt. NW 19-17-13.4 from \ Agriculture to Country Residential, was presented to Council. Moved by Councillor Loewen that By-law 1153-95 receive second reading. Carried. Moved by Councillor Barg that By-law 1153-95 receive third reading. Carried. 13. By-law 1154-95 - Morningside Farms Ltd. -Land Use Change By-law 1154-95, being a By-law to amend Land Use By-law 1004-90, in Pt. SE 36-18-15-4 Block 2 Plan 9211685 from Urban Fringe to Country Residential, was presented to Council. Moved by Councillor Berg that By-law 1154.95 receive second reading. Carried. Moved by Councillor Barg that By-law 1154-95 receive third reading. Carried. 14. Post Agenda Items 1. Richard Veen -Trees ~~ Moved by Councillor Barg that a letter be sent to Mr. Veen advising him of our new regulations for the set-back of trees and asking him to comply with these regulations. Carried. 2. Development Agreement -Nick Salonka & James C. Blair Administration presented a Development Agreement for Nick Salonka & James C. Blair regarding their proposed subdivision in Westland Acres. Moved by Councillor Laewen that we approve this Agreement. Carried. 3. Licenced Operator for Water & Sewer Systems Administration presented information on Alberta Environment's wish to have a licenced operator for the County of Newell Water & Sewer Systems. A recommendation from Administration was that Garth Lucas be licenced as a Certified Operator for the County, as he is a Certified Engineering Technologist and is prepared to take the courses. Moved by Councillor Fabian that we approve and pay for the cost of the courses for Garth Lucas to become a Certified Water & Sewer Operator. Carried. October 5, 1995 Page 181 Administration also advised that this is not part of the job description for Mr. Lucas. Moved by ~~~ Councillor Loewen that we pay the Annual Alberta Society of Engineering Technologist's fees as compensation for him taking these courses. Carried. 4. A Forms -Division 9 Administration presented an A Form for Division 9 for the ravelling of the Duck Lake Road, which would be an over-expenditure of approximately $5,000.00 on the Division 9 Road Allotment. Moved by Councillor Baxter that we approve this over-expenditure. Carried. 5. Gem Mennonite Brethren Church - NE 36.22.17.4 A letter from the Gem Mennonite Brethren Church, requesting permission to provide a dedication of a 17' right-of-way by registered Caveat against the property rather than a legal survey, was presented to Council. Moved by Councillor Baxter that we approve this request and draw up an Agreement for registration of a Caveat on this parcel. Carried. ~~ ~ 6. Fuel Tax Act .~ Moved by Councillor Baxter that we immediately apply for authorization for our Special Constable to enforce the Fuel Tax Act. Councillor Baxter requested a recorded vote. Those voting in favour of the motion: Div. 9 -Councillor Douglass, Div. 4 -Councillor Stobbs, Div. 2 -Councillor Fabian, Div. 6 -Councillor Baxter. Those voting against the motion: Div. 3 -Councillor Berg, Div. 10 -Councillor Barg, Div. 7 -Councillor Loewen, Div. 8 -Councillor Scheuerman, Div. 5 - Councillor Rommens. Absent - Div. 1 -Councillor Daniels. Vote on the motion -Lost. 7. Ambulance Report Councillor Baxter requested a report from the representatives of the Ambulance Association. Councillors Berg &Loewen gave this report. Recess Council recessed from 2:40 p.m. - 2:50 p.m. October 5, 1995 Page 182 8. H. Jager -Road Harvey Jager, from H. Jager Developments, was in attendance at the meeting to discuss acost- sharing split for paving the road to the Lake Newell Resort. Administration presented information that Council had requested on this matter. Moved by Councillor Berg that the County share in the cost of paving the County portion of the road to the Lake Newell Resort at 37.5% County & 62.5% H. Jager Developments, to a total maximum cost of 1.4 million dollars. H. Jager Developments will front-end the total costs and the County will reimburse H. Jager Developments, each year, 80% of the net taxes collected at the Lake Newell Resort. Net taxes will be arrived at by subtracting the payment of school requisitions, fire, library & ambulance requisitions, the tax relief given to H. Jager Developments on the unsold lots, and the costs for landfill and any other direct costs that require payment from the Lake Newell Resort landowners. The pavement shall be to County standards and shall include the following: • an 8.6 metre paved road top; • 200 mm pit run base -Designation 6 Class 80; • 60 mm GBC (granular base course) -Designation 2-20; • 60 mm compacted asphalt pavement -size 1-12 or a maximum of 1-16. Councillor Baxter requested a recorded vote. Those voting in favour of the motion: Div. 9 - Councillor Douglass, Div. 3 -Councillor Berg, Div. 4 • Councillor Stobbs, Div. 10 -Councillor Barg, Div. 7 -Councillor Loewen, Div. 8 -Councillor Scheuerman, Div. 5 -Councillor Rommens. Those voting against the motion - Div. 2 -Councillor Fabian, Div. 6 -Councillor Baxter. Absent: Div. 1 -Councillor Daniels. Vote on the motion -Carried. Moved by Councillor Loewen that a new Service Maintenance Agreement be drawn up for this portion of road to take effect after the pavement is completed and a written letter of compliance from the County is given to H. Jager Developments. This Agreement shall be for H. Jager Development's maintenance of the road for athree-year term. Carried. 15. Question PeriodlNotice of Motion A question period was held. October 5, 1995 Page 183 ,_~ 16. Information Items 1. Palliser Health Authority -Public Meetings 2. A.A.M.D. & C. -News Highlights 17. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 4:05 p.m. Carried. ~, ' ~% 1. ~ --=~ , ,....%~'~ REEVE ,t-c~v COUNTY ADMINISTRATOR _~,., October 5, 1995 Page 184 -~•~.. County of Newell No. 4 Minutes of Public Hearing October 5, 1995 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, Alberta on Thursday, October 5, 1995 commencing at 11:30 a.m. Members Present Reeve W. Rommens Councillors V. Fabian N. Berg E. Stobbs B. Baxter M. Loewen B. Scheuerman M. Douglass P. Barg Administrator M. Bowen The Reeve opened the Public Hearing at 11:30 a.m. The Public Hearing dealt with By-law 1153-95, being an amendment to Land Use By-law 1004-90 in Pt. NW 19-17-13-4 from Agriculture to Country Residential. There being no members of the public in attendance, the Hearing adjourned at 11:34 a.m. ~.r /~~~ REEVE / i COUNTY ADMINISTRATOR ~~ ~, County of Newell No. 4 Minutes of Public Hearing October 5, 1995 A Public Hearing of the County of Newell No. 4 was held in the County 0#fice at Brooks, Alberta on Thursday, October 5, 1995 commencing at 1:30 p.m. Members Present Reeve W. Rommens Councillors V. Fabian N. Berg E. Stobbs B. Baxter M. Loewen B. Scheuerman M. Douglass P. Barg Administrator M. Bowen The Reeve opened the Public Hearing at 1:30 p.m. The Public Hearing dealt with By-law 1154-95, being an amendment to Land Use By-law 1004.90 in Pt. SE 36-18-15-4 Block 2 Plan 9211685 from Urban Fringe to Country Residential. Bill Lutes was in attendance at this Public Hearing and presented reasons for his request for a Land Use Change. Council was given the opportunity to ask questions of Mr. Lutes. There being no further comments or questions, the hearing adjourned at 1:43 p.m. REEVE COUNTY ADMINIS ATOR