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HomeMy WebLinkAbout2000-06-05 Council (Regular) Minutes~ County of Newel I No. 4 Minutes of Council Meeting June 5, 2000 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Monday, June 5, 2000 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Acting Administrator A. Martens Recording Secretary P. Hoffman I. Excused from Meeting Moved by Councillor Loewen that Councillor Berg be excused from this meeting. Carried. ~- .... 2. Minutes I. Council Minutes -May 25, 2000 Minutes of the May 25, 2000 meeting were presented. Moved by Councillor Baksa that we adopt the minutes as amended. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of Agenda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. S. Municipalltems The Superintendent of Public Works, Earl Somerville, was in attendance for the Municipal Items. ~._. .... June 5, ?000 Page 8~1 Shop Foreman's Report The Shop Foreman's Report for May was presented to Council. Ntoved by Councillor Loewen that we accept this report. Carried. Special Constable's Report The Special Constable's Report for May was presented to Council. Moved by Councillor Harbinson that the Special Constable be informed that he must leave the County vehicle at the County Public Works yard when he is not on duty. Moved by Councillor Baksa that we table this motion. Carried. Moved by Councillor Steinbach that we accept this report. Carried. 3. Maintenance Foreman's Report The Maintenance Foreman's Report for May was presented to Council. Moved by Councillor Eckert that we accept this report. Carried. Project Foreman's Report The Project Foreman's Report for May was presented to Council. Moved by Council for Douglass that we accept this report. Carried. _. .... 4. Superintendent of Public Works' Report The Superintendent of Public Works, Earl Somerville, presented his report for May to Council. Moved by Councillor Harbinson that a letter be sent to the Minister of Alberta Infrastructure asking him to respond to rumours regarding the possible re-designation of some current secondary highways to a local road status. Carried. Moved by Councillor Fabian that we accept this report. Carried. 5. Correspondence a) Miller Farms -Request for County to Upgrade Road Approach - SE 23-17-17-W4 A letter from Miller Farms, requesting the County upgrade a road approach, was presented to Council. Moved by Councillor Baksa that we deny the request of Miller Farms for the County to upgrade a road approach in the SE 23-17-17-W4. Moved by Councillor Harbinson that we table this motion. Carried. June 5, ?000 Page 85 b) Joint Issues Irrigation Committee -Request for Input A letter from the Joint Issues Irrigation Committee, containing; a questionnaire seeking input on issues reviewed by the Committee, was presented to Council. This item was referred to the June Workshop. 7. Other Business a) Budgetary lmpactofOil Tender The Superintendent of Public Works presented a report to Council on the budgetary impact of the oil tender. A letter from Norma Berg regarding oiling of roads was also presented to Council. Moved by Councillor Loewen that we approve calcium stabilization on S.H. 862 at a cost of $100,000 and assign the budgeted $200,000 difference from oiling to another, or other, projects. Councillor Douglass requested a recorded vote. Moved by Councillor Baksa that the motion be amended by replacing "assign the budgeted ,200, D00 difference from oiling to another, or other, projects" with "place the budgeted $200,000 d~erence into a S.H. 862 paving reserve fund." Moved by Councillor Baksa that the Reeve call the vote. Carried. Vote on amendment. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 7 Councillor Loewen ~..„ Division 10 Councillor Baksa Against Division 6 Councillor Steinbach Division 8 Councillor Eckert Division 9 Councillor Douglass Carried. Vote on amended motion. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division S Councillor Harbinson Division 6 Councillor Steinbach Division 7 Councillor Loewen Division IO Councillor Baksa Against Division 8 Councillor Eckert Division 9 Councillor Douglass Carried. Lunch Council recessed for lunch from 1 1:5~ a.m. to 12:40 p.m. June ~, 2000 Page 86 b) Oil Company Grading, of Rights-of-Way This item was discussed during the Superintendent of Public Works' report. c) Hamlet Water S std ems Administration presented a proposal on the supervision ofthe Hamlet Water Systems. Moved by Councillor Eckert that we proceed as outlined in the Hamlet Water Systems proposal as presented by Administration subject to the proposal being acceptable to Alberta Environment. Carried. 6. Business from Minutes 12 Steve Radford -Patricia Play r~ ound A letter is to be sent to Steve Radford outlining the requirements necessary prior to the County making a decision on the request for financial assistance to install a proposed playground in Patricia. Carried. 14 Bylaw 1307-00 -Land Use B~aw This item was not lifted from the table. 7. In Camera Moved by Councillor Douglass that we move in camera. Carried. Moved by Councillor Loewen that we move out of camera. Carried. Moved by Councillor Baksa that the County pay the reservation fee for the County Golf Tournament. Carried. The Planner, Gord Shaw, was in attendance for the nest five items. June ~, ?000 Pale 87 '~ 8. MPC 00 NL 014 Plan 3773 GB, Parcel E & Pt. NE 24-17-13-W4 -Division 2 Gleddie Ranches -Title Separation for 2 Residences on Property /"` ~-- Moved by Councillor Baksa that eve approve Subdivision Application 00 NL 014 waiving the requirements from the following sections of Land Use Bylaw # 1004-90: Section 50.3 to allow the proposed parcel to have an area smaller than the minimum lot size requirement and Section 50.4 to allow the residence and accessory buildings to remain as constructed and subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the installation of any required accesses to the consolidated parcel along Highway 1256 EZ. 2. The registration of a caveat for the dedication of S metres along the southerly boundary of the consolidated parcel, being Pt. N W 21-15-14-W4 adjacent to Highway Plan 1256 EZ, for future road widening to be purchased at a rate that is consistent with County Policy at that time. 3. The applicant meeting al{ requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. The applicant providing easements to franchise utilities for providing services to the proposed and consolidated parcels. In addition, they may also require the applicant to be responsible for the cost of modifying existing services. Carried. Moved by Councillor Loewen that we reconsider the preceding motion. Carried. Moved by Councillor Baksa that we approve Subdivision Application 00 NL 014 waiving the requirements from the following sections of Land Use Bylaw #1004-90: Section 50.3 to allow the proposed parcel to have an area smaller than the minimum lot size requirement and Section 50.4 to allow the residence and accessory buildings to remain as constructed and subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the installation of any required accesses to the consolidated parcel along Highway 1256 EZ. 2. The registration of a caveat for the dedication of 5 metres along the southerly boundary of the consolidated parcel, being Pt. N W 21-15-14-W4 adjacent to Highway Plan 1256 EZ, for future road widening to be purchased at a rate that is consistent with County Policy at that time. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. The applicant providing easements to franchise utilities for providing services to the proposed and consolidated parcels. In addition, they may also require the applicant to be responsible for the cost of modifying existing services. ~. That Parcel E be consolidated with the remainder of the N '/a 24-17-13-W4. Carried. June ~. ?000 Page 88 00 NL O1~ Pt. NW 7-19-15-W4 -Division ~ Hillbilly Pressure Testin~~ Ltd. -Farmstead Separation Moved by Councillor Baksa that we deny Subdivision Application 00 NL O15 for a farmstead separation in Pt. ti W 7- 19- I S-W4. Carried. 00 NL 016 Pt. SW 6-19-14-W4 -Division 10 Shiloh Land Ltd. - Farmstead Separation Moved by Councillor Baksa that we approve Subdivision Application 00 NL 016 fora farmstead separation in Pt. SW 6-19-i4-W4 subject to the following conditions: l . The applicant entering into an agreement with the County of Newell for the installation, or upgrade, of any required accesses for the remnant parcel. 2. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 3. All oil and sas company leases, rights-of--way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. 4. The applicant providing easements to franchise utilities for providing services to the proposed parcel. Carried. 4. 00 NL 018 Pt. NW 6-17-12-W4 -Division 2 Vossepoel, Dick & Veronica - A~ricultura[ Subdivision Moved by Councillor Baksa that we approve subdivision application 00 NL 018 waiving the minimum area requirement under Section 49.3 of Land Use Bylaw #1004-90 being the A - Agricuitural District and subject to the following conditions: 1. The registration of a caveat for the dedication of S 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. 2. The proposed parcel being consolidated with the remainder of the quarter section to the south of the canal right-of--way by plan. 3. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to be determined when a plan ofsubdivision is returned for endorsement. The applicantwill need to submit the required amount to the County prior to endorsement. If the applicant and County cannot agree on the required amount, the applicant may provide their own appraisal prior to endorsement. 4. The applicant meeting all requirements ofthe Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. All oi(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. Carried. June ~. ?000 Page 89 Y~_ Business from Minutes (cont'd) 17 Bvlaw 1317-00 -Cassils Road Area Structure Plan Amendments >Vtoved by Council for Eckert that 3rd reading of Bylaw # 1317-00, Cassils Road Area Structure Plan Amendments, be lifted from the table. Carried. A number of people were in attendance for this item. The Reeve outlined the procedure to be followed for presentations. Ron Henschel, of UMA Engineering, spoke on behalf of the developer, Cecil Blair. The following people spoke in opposition to the development: Dale Heidmiller, Butch Dunne, Jim Cyr, Colleen Davidson, Ray Nicholson, Cindy Brkich, Brian Mokelky, Lilianne Smith, Bill Rettie, Kasy Kaczanowski, Scott Hansen, Susan Ondrus, Daryle Fox, Ivan Mitchell, Ted Schmidt, Shauna Mokelky, Merle Prentice, Larry Janke, Nick Salonka and Tammy Cyr. Their major concerns dealt with roads, drainage, sewage disposal and the high water table. A list of 50 signatures opposing the development was presented to Council. Ron Henschel was given the opportunity for rebuttal. Council was given the opportunity to ask questions of both those in favour of the development and those opposed to the development. The Reeve thanked all in attendance and explained how Council would proceed with this matter. Excused from Meetine Councillor Steinbach excused herself from the remainder of the meeting at 3:30 p.m. Recess Council recessed from 3:30 p.m. to 3:43 p.m. 17 Bylaw 1317-00 -Cassils Road Area Structure Plan Amendments (cont'd) Moved by Councillor Douglass that we table 3`d reading of Bylaw # 1317-00, Cassils Road Area ,~ Structure Plan Amendments. Carried. June 5. ?000 i Page 90 MPC (cont'd) Grace Cattle Co. Moved by Councillor Baksa that we immediately issue a Stop Order to Grace Trucking Co. to cease operating a truck wash in S % 2-19-14-W4. Carried. 9. CorresQondence 1. Anne & Don McMahon -Railroad Right-of--Way SE 27-20-14-W4 A letter from Anne & Don McMahon, with regard to the sale of the railroad right-of--way in the SE 27-20-14-W4, was presented to Council. Moved by Councillor Loewen that a restrictive covenant be registered against the titles ofthe CPR rights-of--way in the SE & SW 27-20=14-W4 at the time these rights-of--way are sold by the County, such restrictive covenant forbidding anyone from doing anything that would affect drainage along the abandoned right-of--way without first receiving the written consent of the County. Left Meetin¢ Councillor Fabian left the meeting at 4:03 p.m. Vote on motion. Carried. Returned to Meeting Councillor Fabian returned to the meeting at 4:06 p.m. 2. Village of Rosemary -Request for Planning Services A letter from the Village of Rosemary, requesting to enter into an agreement with the County for the provision of services to process subdivision applications within their boundaries, was presented to Council. Moved by Councillor Douglas that we enter into a Planning Services Agreement with the V illage of Rosemary subject to the terms as recommended by Adm inistration. Carried. _~ June 5, ?000 Page 91 '"~` 10. Other Business Canada Dav Holiday /', 12 Moved by Councillor Harbinson that County employees receive Monday, July 3`d, 2000 off in lieu of the July I'` statutory holiday which lands on Saturday this year and that the July 3rd Municipal Committee Meeting be moved to July 4th. Carried. 2. Animal Control Officer Moved by Councillor Loewen that the Acting Administrator, along with any staff he deems necessary, be given the authority to hire an Animal Control Officer. Carried. 3. Offer to Purchase -Lot 13, Block 4, Plan 8210258 -Division 1 Moved by Councillor Baksa that we counter the Offer to Purchase for Lot 13, Block 4, Plan 8210258 in Division I at a price of $2800 including G.S.T. Carried. 4. Crawling Valley Recreation Society -Memorandum of Agreement Moved by Councillor Douglass that we enter into an Agreement with the Crawling Valley Recreation Society as presented. Carried. 5. Date for June Workshoa Moved by Councillor Loewen that June Workshop be held on June 13`h. Carried. Cheques for Payment /Direct Debit Re ister Moved by Councillor Harbinson that Cheques #6370 - #6471 and #6473 - #6537 in the amount of $368,98.90 and Direct Debit Register Batches #4905, #4913 & #4917 in the amount of $8,937.43 be approved for payment. Carried. Post Agenda 1. Offer to Purchase -Lot 2, Block 3. Plan 8210258 Rolling Hills Moved by Councillor Fabian that we accept the offer to purchase and the payment schedule for Lot 2, Block 3, Plan 821028 in Rolling Hills subject to the default term being amended as recommended by Administration. Carried. June 5, 2000 Page 92 2. John Baran - NW 13-20-13-W4 -C.P.R. Right-of-Wav A letter from John Baran, regarding a decision on the C.P.R. Right-of--Way, was presented to Council. Moved by Councillor Fabian that a letter be sent to John Baran explaining the process used to determine to whom the CPR rights-of--way would be sold. Carried. 13. Committee Reports Regional Landfill Reeve Daniels gave this report. IMPC Councillor Baksa gave this report. 14. 4uestion Period /Notice of Motion \ A question period was held. 15. Information Items ] . Newell Mini Bus Report -April 2000 16. Adjourn Moved by Councillor Fabian that the meeting adjourn at 4:30 p.m. Carried. ~~~,~.~ REEV ~~~ r ADMINISTRATOR June 5, 2000 Page 93