The URL can be used to link to this page

Home My WebLink About2000-10-05 Council (Regular) Minutes County of Newell No. 4 Minutes of Council Meeting October 5, 2000 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, October 5, 2000 commencing at 10:00 a.m. Members Present 1. Excused from Meeting Reeve W. Daniels Councillors V. Fabian N. Berg C. Vermeeren R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Administrator A. Martens Recording Secretary P. Hoffman Moved by Councillor Douglass that Councillor Harbinson be excused from this meeting. Carried. 2. Minutes I . Council Minutes -September 21.2000 ,~ Minutes of the September 21, 2000 meeting were presented. Moved by Councillor Berg that we adopt the minutes as amended. Carried. 2. Public Hearing=September 21, 2000 Minutes of the September 21, 2000 Public Hearing were presented. Moved by Councillor Baksa that we adopt these minutes as circulated. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. ~'^ October 5, 2000 Page 153 4. Adoption of A *eg nda -- Moved by Councillor Steinbach that we adopt the agenda as amended. Carried. 5. Business from Minutes 5 Power Dere ulg, ation The Administrator informed Council that a representative from Enmax hopes to be in attendance at the November 9''', 2000 Council meeting. 14 By-law 1307-00 -Land Use By law This item was not lifted from the table. 7-1 Village of Tilley -Proposed Recreation Agreement This item was discussed and will be brought back once we receive comments from the Tilley and District Recreation Board. 7-4 Review of Nepotism Policy This item was not lifted from the table. 10-1 Complaints - Processin P~ olicy Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Douglass that we amend the policy to add Clause 3 which reads: Except as outlined in Clause 1 of this Policy, it is acknowledged that County staff will take action on infractions that they encounter in the course of their day-to-day activities". Carried. Vote on motion. Carried. 10-2 GatingLof County Road Allowances Moved by Councillor Loewen that a letter be sent to the M.D. of Pincher Creek recommending an amendment supporting their resolution with regard to the gating and/or fencing of County road allowances. Carried. October 5, 2000 Page 154 ~... 6. Correspondence I. Brooks Pheasant Festival - I I'~' Annual Pheasant Festival A letter from the Brooks Pheasant Festival, with regard to their annual festival, was presented to Council. Moved by Councillor Baksa that the County of Newell declare the week of October 15`x' to October 21 S' as Pheasant Festival Week. Carried. 2. Town of Bassano -Recreation Board Agreement A letter from the Town of Bassano, along with a proposed Recreation Board Agreement, was presented to Council. This agreement will be revised and brought back to a future meeting. 7. Other Business t . Remembrance DaX Holiday Moved by Councillor Douglass thatthe Staffofthe County ofNewell be given November 10'h, 2000 as a holiday in recognition of Remembrance Day which is November 11"', 2000. Carried. ~''~ 2. Request for Meeting From Village of Tilley and Tilley & District Fire Board Re arding the Setup of a Fire Area The Reeve, the Division 2 Councillor and the Administrator will meet with the Village of Tilley and the Tilley & District Fire Board with regard to the setup of a fire area. Cheques for Payment/Direct Debit Re ister Moved by Councillor Fabian that Cheques #7058, #7060 - #7069, #7070, #7072 - #7172, #7174 - #7212 and #7222 - #7229 in the amount of $791,465.98, and Direct Debit Register Batches #511 1, #5127 and #5132, in the amount of $8,099.05, be approved for payment. Carried. 9. Post Agenda Items I . Appointment of An elg_ a 1-laywood as Animal Control Officer Moved by Councillor Berg that Angela Haywood, of the S.P.C.A., be appointed as Animal Control Officer for the County ofNewell pursuant to Bylaw 1323-00. Carried. ~" October 5, 2000 Page 155 2. Letter of Request -Increased Milea eg_ Rate A joint letter from the County Planner and County Assessor, requesting an increase in the mileage rate, was presented to Council. This item was referred to the Organizational Meeting. 3. A.S.B. Resolution - P.F.R.A. Tree Distribution in Alberta Agricultural Fieldman Steve Wylie was in attendance for this item and presented background on the resolution. Moved by Councillor Fabian that we support the presentation of this resolution at the A.S.B. conference. Carried. 10. Public Hearing -Vauxhall Co-op Petroleum Ltd. - Pt NW 28-18-14-W4 To Amend Land Use District from Urban Fringe to Light Industrial District Moved by Councillor Loewen that we recess for the Public Hearing at 1 l :00 a.m. Carried. The meeting reconvened at 11:24 a.m. 11. Bylaw #1327-00 Moved by Councillor Loewen that Bylaw 1327-00, being a Bylaw to amend Land Use Bylaw 1004-90 in Pt. NW 28-18-14-W4 from Urban Fringe District to Light Industrial District, receive second reading. Moved by Councillor Baksa that this Bylaw be amended by adding "This Bylaw shall take effect when an Area Structure Plan for the proposed parcel is adopted by Council and when a subdivision plan for the proposed parcel is registered at Land Titles Office". Moved by Councillor Eckert that the vote on these motions be postponed until after the 1 1:30 a.m. Public Hearing. Carried. 12. Public Hearing -Becky Wigemyr- PtNW 31-18-14-W4 To Amend Land Use District from Agricultural District to Country Residential 2 District ~. Moved by Councillor Vermeeren that we recess for the Public Hearing at 11:30 a.m. Carried. The meeting reconvened at 1 l :49 a.m. Bylaw #1327-00 (cont'd) Vote on amendment which reads: "This Bylaw shall take effect when an Area Structure Plan for the proposed parcel is adopted by Council and when a subdivision plan for the proposed parcel is registered at Land Titles Office". Carried. Vote on second reading. Carried. October 5, 2000 Page 156 r Lunch Council recessed for lunch from 12:05 p.m to 1:30 p.m. 13. In Camera Moved by Councillor Berg that we move into camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. flaw #{ 327-00 (cont'd) Moved by Councillor Steinbach that Bylaw # 1327-00 received third and final reading. Moved by Councillor Douglass that we amend this bylaw by deleting: "when anArea Structure Plan for the proposed parcel is adopted by Council and' and by adding: "The applicant is to provide funding for the preparation of an Area Structure Plan for that portion of the NW 28- 18-14-W4 lying south and west of Railway Plan RYIl. This funding is to be in an amount equal to 14% of the total cost of the preparation of the Area Structure Plan." Vote on amendment. Carried. Vote on third reading. Carried. 14. Delegation -Rolling Hills Golf & Country Club LeRoy Nelson, Chairman of the Rolling Hills Golf and Country Ciub and members lke Schroeder, Jason Forest, Doug Harrowing and Dale Patterson were in attendance to discuss the renewal of their lease agreement and to request funding from the Public Reserve for expansion and upgrading of the golf course and club house. Administration will re-draft the lease and the request for funding will be further reviewed at the next meeting. 15. Bylaw # 1329-00 Moved by Councillor Vermeeren that Bylaw 1329, being a Bylaw to amend Land Use Bylaw 1004-90 in Pt. N W 31-18-15-4 from A -Agricultural District to CR2 -Country Residential 2 District, receive second reading. Carried. Moved by Councillor Douglass that Bylaw 1329 receive third and final reading. Carried. 16. Committee Reports '~ M PC The Planner was in attendance for the following MPC items. October 5, 2000 Page 157 Councillor Baksa gave this report. I. 00 NL 026 -Plan 5281 F.D., Parcel A -Division 2 Mortensen, Brian & Candice -Farmstead Separation Moved by Councillor Baksa that we deny Subdivision Application 00 NL 026 fora farmstead separation within Plan 5281 F.D., Parcel A. Defeated. Moved by Councillor Baksa that we approve Subdivision Application 00 NL 026 for a farmstead separation within Plan 5281 F.D., Parcel A subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the upgrading of the existing approach to the remnant parcel. The County may require the applicant to remove one of the approaches to the proposed parcel. 2. The registration of a caveat for the dedication of 5 metres along the westerly boundary of the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent with County Policy at that time. 3. The registration of a deferred municipal reserve caveat against the remnant parcel. The amount of land the municipality will have an interest in will be determined at the time a subdivision plan is presented to the municipality for endorsement. 4. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. All of I and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. 6. The applicant providing easements to franchise utilities for providing services to the proposed parcel. Moved by Council for Fabian that this motion be amended by requiring the applicant to extend the northern boundary from 316' to 434' thus creating a uniform rectangular parcel and by , waiving Section 49.6(1) of Land Use Bylaw #1004-90 to allow the parcel to exceed the 10 acre maximum size. Vote on amendment Carried. Vote on amended motion. Carried. ~y .... 2. 00 NL 027 - Pt. E''/o 4-21-14-W4 -Division 8 Bandura, Joe & Sandra - Boundary Adjustment Moved by Councillor Baksa that we approve Subdivision Application 00 NL 027 for a boundary adjustment in Pt. E''/z 4-21-14 W4 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell to upgrade the existing approaches into the subdivided parcels. 2. The registration of a caveat for the dedication of 5 metres along the westerly boundary of the subdivided areas for future road widening to be purchased at a rate that is consistent with County Policy at that time. 3. The individual parcels are to be consolidated by plan for each of the quarter sections. 4. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. October 5, 2000 Page 158 r 5. Ail oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. 6. The applicant providing easements to franchise utilities for providing services to the proposed parcel. Carried. 3. Area Structure Pian - Pt. SW 10-19-14-W4 -Division 10 Sandra Weiss Property - C of T 951 224 681 Moved by Councillor Baksa that consideration be given to first reading of a bylaw to adopt the Area Structure Plan for the Sandra Weiss property located in a Pt. of SW 10-19-14-W4. Carried. Bylaw # 1331-00 Moved by Councillor Baksa that Bylaw 1331-00, being a bylaw to adopt an Area Structure Plan forthe Sandra Weiss property located in a Pt. of SW 10-19-14-W4, receive first reading. Carried. ~,,, 4. Area Structure Plan - Pt. SW 10-19-14-W4 -Division i0 Johnson Farms Ltd. Property - C of T 971 253 419 +17 Bylaw #1332-00 Moved by Councillor Baksa that Bylaw 1332-00, being a bylaw to adopt an Area Structure Plan for the Johnson Farms Ltd. property located in a Pt. of SW 10-19-14-W4, receive first reading. Carried S. Land Use Amendment Application -Plan 91 10029, Block 8 -Division i E.1.D. -Agricultural District to Hamlet Residential District -Bylaw #1333-00 Moved by Councillor Baksa that Bylaw 1333-00, being a bylaw to amend Land Use Bylaw 1004-90 to change Plan 91 10029, Block 8 from A -Agricultural District to HR -Hamlet Residential District, receive first reading. Carried. 6. Land Use Amendment Application -Plan 81 1 1866, Block E, Lot 3 -Division 10 Yanke. Harvey -Country Residential District to Country Residential 2 District No application was submitted for this land use change. 7. Water /Waste Water in Subdivisions ~" This item was referred to a Workshop Session. October 5, 2000 Page 159 8. 00 NL 028 -Plan 4410 JK, Parcel D -Division 5 Krauss, Lavern & Shirley -Residential Subdivision Chairman Baksa declared a pecuniary interest in this matter and left the Council Chambers. Moved by Councillor Douglass that we approve Subdivision Application 00 NL 028 for a residential subdivision within Plan 4410 JK, Parcel D, waiving the requirements under Section 50 of Land Use Bylaw # 1004-90 being the OF -Urban Fringe District in that the proposal does not comply with the provisions found within this section and subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the upgrading of the approach for the proposed parcel. The County may require the applicant to close one of the existing approaches to the remnant parcel. 2. The registration of a deferred municipal reserve caveat against the remnant parcel. The amount of municipal reserve required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as wel I as easements. 4. The applicant providing easements to franchise utilities for providing services to the proposed parcel. Defeated. a w-- Councillor Baksa returned to the Council Chambers and resumed participation in the meeting. 9. Budget for Area Structure Plans A discussion was held with regard to the budget for Area Structure Plans. t~, Inter-Municipal Subdivision Authority Councillor Baksa gave this report. Post Agenda Items (cont'd) 4. CUPE -Commencement of Collective Bar ag fining A letter from CUPE, with regard to the commencement of collective bargaining, was presented to Council. October 5, 2000 Page 160 "--- 5. Foothills-Little Bow Association -Electric and Energy Cost A draft letter to the Hon. Mike Cardinal, Minister of Resource Development, from the Foothills-Little Bow Association, with regard to electric and energy costs, was presented to Council for their review. Committee Reports (cont'd) Municipal Moved by Councillor Loewen that we proceed with the Closure & Sale ofthat portion of Road Plan 3302 BM lying west of Road Plan 272 JK and adjoining the north boundary of the NW 28-16-15-W4 & the road allowance east of NE 29-16-15-W4. Moved by Councillor Vermeeren that we table this motion. Carried. Moved by Council for Douglass that, provided the E.I.D. consol idates that portion of SE 32-16- 15-W4lying east of Bow Slope Canal on IRR Plan 958 and south of the Bow Slope Spillway on IRR Plan 958, that portion of the SW 33-16-15-W4 lying west of Highway 36 and that portion of the NW 33-16-15-W4 lying west of Highway 36 and south of the Bow Slope Spillway on IRR Pian 972, we recommend to Council that they proceed with the Closure & ,,..~ Sale of the road allowance east of SE 32-16-15-W4. Moved by Councillor Vermeeren that we table this motion. Carried. Left Meetine Councillor Berg excused herself from the remainder of the meeting at 4:00 p.m. G~ .... Subdivision & Development Appeal Board Reeve Daniels gave this report. Council representation at appeal board hearings was discussed. Brooks & District Ambulance Association Councillor Steinbach gave this report. Newell Regional Solid Waste Management Authority ~' Reeve Daniels gave this report. October 5, 2000 Page 16l 9-1-I Councillor Baksa gave this report. 17. Ouestion Period /Notice of Motion A question period was held. 18. Information Items 1. Newell Mini Bus Report -August 2000 19. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 4:22 p.m. Carried. 'REEVE ADMINISTRATOR October 5, 2000 Page 162