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Home My WebLink About2000-03-09 Council (Regular) Minutesr" County of Newell No. 4 Minutes of Council Meeting March 9, 2000 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, March 9, 2000 commencing at 10:00 a.m. ,~'` Members Present Reeve Councillors Administrator Recording Secretary W. Daniels V. Fabian J. Harbinson (10:10 a.m.) R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa M. Bowen P. Hoffman 1. Excused from Meeting Moved by Councillor Douglass that Councillors Stobbs and Berg be excused from this meeting. Carried. 2. Minutes 1. Council Minutes - February 24.2000 Minutes of the February 24, 2000 meeting were presented. Moved by Councillor Loewen that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of Agenda Moved by Councillor Steinbach that we adopt the agenda as amended. Carried. March 9, 2000 Page 30 5. Business from Minutes 9-MUN-1 Scott &Leza Sewell -Closure and Sale of Road Within S''/2 of 23-20-13-W4 -Road Plan 3233 BM Moved by Councillor Loewen that the following motion be lifted from the table. Carried. Arrived at Meeting Councillor Harbinson arrived at the meeting at 10:10 a.m. "Moved by Councillor Berg that we approve the request of Scott &Leza Sewell for the closure and sale of that portion of road within S % of 23-20-13-W4 -Road Plan 3233 BM. " Vote on motion. Defeated. 1 1 By-law 1269-98 -Land Use Amendment Add Agricultural Intensive Land Use District Moved by Councillor Baksa that the following motion be lifted from the table. Carried. Moved by Councillor Steinbach that Bylaw 1269-98 receive third and final reading. " Vote on motion. Defeated. °' 12 Newell Recycling Association Moved by Councillor Loewen that we donate $5000 to Newell Recycling Association and $2,500 to BARRA for recycling, which will be the same amount as last year. Carried. 6. Correspondence 1. Tolman Badlands Ranchers Association -Red Deer River Corridor Integrated Management Plan A letter from the Tolman Badlands Ranchers Association, with regard to the Red Deer River Corridor Integrated Management Plan, was presented to Council. Moved by Councillor Douglass that we accept the letter from Tolman Badlands Ranchers Association as information. Carried. ~- March 9, ?000 Page 31 ~_ 2. Grasslands Regional Division #6 -Joint Meeting A letter from Grasslands Regional Division #6, inviting Council to a luncheon with the School Board, was presented to Council. Council agreed to meet with Grasslands Regional Division #6 on March 23, 2000. 3. Alberta Municipal Affairs A letter from Alberta Municipal Affairs, with regard to an official census, was presented to Council. Moved by Councillor Baksa that we accept the letter from Municipal Affairs as information. Carried. 7. Other Business 1. County /Duchess Recreation Agreement Moved by Councillor Harbinson that we approve the County of Newell /Village of Duchess Recreation Agreement as presented. Carried. 2. Vulcan County -Disaster Services Mutual Aid Agreement i" Moved by Councillor Loewen that we enter into a Disaster Services Mutual Aid Agreement with Vulcan County as presented. Carried. + 3. Aril /May Worksho~Date Moved by Councillor Baksa that the April and May Workshop dates be changed to the following: April 10`" and the May 15`''. Carried. 8. MPC Councillor Baksa gave this report. The Planner was in attendance to present information and answer questions on the planning items. March 9, 2000 Page 32 1. Mar, Whaley & Douglass - Pt. NW 21-18-15-W4 -Division 5 A -Agricultural District to AI -Agricultural Industrial District Whaley Mar was in attendance to present information on this application. Moved by Counci llor Baksa that consideration be given to amending the land use designation for the Pt. NW 21-18-15-W4 from A -Agricultural District to AI -Agricultural Industrial District, that the re-zoning not become effective until development approval has been granted for the truck wash facility or for another prescribed use within the AI - Agricultural Industrial District and that, if development has not commenced within a 3 year period, this land use change will revert back to A -Agricultural District. Carried. Bylaw 1309-00 Moved by Councillor Douglass that Bylaw 1309-00, being a bylaw to amend Land Use Bylaw #1004-90 by changing the land use designation for the Pt. NW 21-18-15-W4 from A -Agricultural District to AI -Agricultural Industrial District, received first reading. Carried. 2. 00 NL 006 - Pt. NW 4-20-14-W4 & Plan 8011572, Block 1 -Division 8 Paddock, Wayne & Reita (owners -Paddock & Barg1 Residential Subdivision Reita Paddock, Myles Paddock, and Fred Barg were in attendance to present information on this application. Moved by Councillor Baksa that, to protect current farming practices -' ~ in that area, subdivision application 00 NL 006, Pt. NW 4-20-14-W4 and Plan 8011572, Block 1 be denied. Moved by Councillor Baksa that we table this motion. Carried. 3. Page, Jason & Carrie - Pt. NE & SE 14-20-15-W4 -Division 8 A - Agricultural District to CR - Country Residential District Jason and Carrie Page were in attendance to present information on this application. Moved by Councillor Baksa that we deny the request to amend the land use designation of Pt. NE & SE 14-20-15-W4 from A -Agricultural to CR -Country Residential District. Moved by Councillor Douglass we table this motion. Carried. 4. 00 NL 003 - Pt. NW 17-16-W4 -Division 1 Skriver. Earl (owners - R & D Balls) Farmstead Separation Moved by Councillor Baksa that we approve subdivision application 00 NL 003 for a farmstead separation in Pt. NW 17-16-13-W4, that we waive Section 31 of the land use bylaw requiring a single dwelling on each property and subject to the following conditions: March 9, 2000 Page 33 2. 3. 4. 5. 6. Carried. Lunch The applicant entering into an agreement with the County of Newell for the installation of the proposed approach from Secondary Highway 875 to the remnant parcel. The applicant, prior to endorsement of the subdivision plan, relocating any structures which may be within the 40 m setback requirement. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. A domestic water agreement may also be required. The applicant providing easements to franchise utilities for providing services to the proposed parcel. All 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. That a caveat be placed on the proposed parcel disallowing further subdivision. Council recessed for lunch from 12:05 p.m. to 1:30 p.m. ,-. 9. Delegation -Garnet Altwasser &Ronn Christianson Garnet Altwasser and Ronn & Joan Christianson were in attendance to request that Council reconsider selling them those portions of the abandoned rail right of way that are adjacent to their properties. Councillor Loewen returned to the meeting from the lunch recess at 1:37 p.m. Public Works is to review the properties in question and assess our possible need of them. After the assessment is done, letters will be sent to Mr. Altwasser and Mr. & Mrs. Christianson stating our intentions. 10. Public Hearin Smith. Darrell & Kathleen - Pt. NE 7-19-14-W4 -Urban Fringe to Industrial District Moved by Councillor Steinbach that we recess for the Public Hearing at 2:00 p.m. Carried. r^ The meeting reconvened at 2:06 p.m. March 9. 2000 Page 34 I I . Bylaw # 1308-00 Moved by Councillor Harbinson that Bylaw # 1308-00, being a bylaw to amend Land Use Bylaw #1004-90 to change Pt. NE 7-9-14-W4 from OF -Urban Fringe District to I - Industrial District, receive second reading. Carried. Moved by Councillor Loewen that Bylaw #1308-00 receive third and final reading. Carried. MPC (cont'd) 5. 00 NL 004 - Pt. SE 1-15-14-W4 -Division I Cordes Larry (owners - T & M Daniels) -Farmstead Separation Moved by Councillor Baksa that we approve subdivision application 00 NL 004 in Pt. SE 1-15-14-W4 subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the installation of any required accesses for the proposed and remnant parcels. 2. The registration of a caveat for the dedication of 5 metres along the southerly and easterly 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 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 remnant parcels. 5. All 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 application reflecting the proper setback requirement ofthe A -Agricultural District, being 3 m from the rear yard property line and 3 m from the side yard property line. Carried. 6. 00 NL 005 - Pt. SW 10-19-14-W4 -Division 10 Weiss, Sandra -Country Residential Subdivision Moved by Councillor Baksa that we approve subdivision application 00 NL 005 in Pt. SW 10-19-14-W4 for a country residential subdivision waiving the requirements of Section 51.7 for an accessory building which appears to not conform with the size requirements of this district and subject to the following conditions: March 9, 2000 Page 35 r'`" 1. The registration of a caveat for the dedication of 5 metres along the southerly boundary of the subject parcel for future road widening to be purchased at a rate that is consistent with County Policy at that time. 2. The applicant, if required, closing one, and possibly two, road approaches onto the western road and access to the parcel be through an approach off of the service road. 3. Approval for a land use amendment application to amend the land use designation of the westerly 495 feet of the southwest quarter from OF -Urban Fringe District to CR -Country Residential District and an area structure plan for this area. If the land use amendment and/or the area structure plan is not approved, any approval granted for this application will be deemed to be null and void. 4. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to be determined when a plan of subdivision is returned for endorsement. The applicant will 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. 5. The applicant entering into an development agreement for the construction of a service road as well as utilities and other related matters. This agreement will need to be signed by the applicant prior to endorsement of the subdivision plan. 6. The applicant forming a residents' association to be responsible for the maintenance of the public utility lot. This residents' association will need to be formed prior to the endorsement of the subdivision plan. 7. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. A domestic water agreement may also be required. 8. The applicant providing franchise utilities with easements for the provision of services to individual lots. The applicant will also be responsible for the cost associated with the installation, modification and relocation of services to these lots. 9. The applicant being responsible for ensuring that all Board Orders, access agreements, easements, utility right-of--ways, surface leases, etc, will be continued on title when the new titles are created at Land Titles Office. 10. The applicant preparing an Area Structure Plan prior to September 1, 2001. Carried. 7. 00 NL 007 - Pt. W % 28-16-15-W4 & Pt. NE 29-16-15-W4 -Division 4 Eastern Irrigation -Agricultural Subdivision Moved by Councillor Baksa that we approve subdivision application 00 NL 007 in Pt. W 28-16-15-W4 & Pt. NE 29-16-15-W4, waiving Section 49.3 of the land use bylaw to permit the proposed 71.46 acre parcel rather than 80 acres as required for farm uses, and subject to the following conditions: March 9, 2000 Page 36 1. The applicant providing road dedication along the western boundary of Road Plan 212 JK as well as entering into a road approach agreement to provide access to the site, if required by Alberta Infrastructure. 2. The applicant applying for the closure and sale of the undeveloped road allowance, as well as Road Plan 3302 BM, to be completed prior to the endorsement of the subdivision plan by the municipality. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. All 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. Carried. 8. Weiss, Sandra - Pt. SW 10-19-14-W4 -Division 10 OF -Urban Fringe District to CR -Country Residential District Moved by Councillor Baksa that consideration be given to first reading of a bylaw to amend the land use zoning of Pt. S W 10-19-14-W4 from OF -Urban Fringe District to CR - Country Residential District; that consideration be given to directing the applicant to have soils test of the subject property performed by a professional to determine that it would not be more appropriate to leave it as agricultural; and that the land use amendment not take affect until a subdivision plan is registered with Land Titles Office. Carried. Bylaw 1310-00 Moved by Councillor Baksa that Bylaw 1310-00, being a bylaw to amend Land Use Bylaw #1004-90 to change the land use zoning of Pt. SW 10-19-14-W4 from OF -Urban Fringe District to CR -Country Residential District, receive first reading. Carried. 9. Johnson Farms (Brooks) Ltd. - Pt. SW 10-19-14-W4 -Division ]0 OF -Urban Fringe District to CR - Country Residential District Moved by Councillor Baksa that consideration be given to first reading of a bylaw to amend the land use designation of Pt. SW 10-19-14-W4 from OF -Urban Fringe District to CR -Country Residential; that the land use designation for this parcel not be changed until the County has approved an area structure plan for the subject property; and that the applicant be directed to complete an area structure plan for the subject property by September 1, 2001. Carried. March 9, 2000 Page 37 ~ Bylaw 1311-00 Moved by Councillor Douglass that Bylaw 131 1-00, being a bylaw to amend Land Use Bylaw #1004-90 to change the land use designation of Pt. SW 10-19-14-W4 from OF - Urban Fringe District to CR -Country Residential District, receive first reading. Carried. 12. Committee Reports Subdivision & Development Appeal Board Reeve Daniels gave this report. Joint Meeting with Eastern Irrigation District. Reeve Daniels and Councillor Harbinson gave this report. Bud et This report will be dealt with in camera. r- Municipal Councillor Harbinson gave this report. 1. Secondarv Highway Transition Agreement The Assistant Administrator and the Superintendent of Public Works were in attendance to present information on the Secondary Highway Transition Agreement. Moved by Councillor Harbinson that we approve the Secondary Highway Transition Agreement with the changes as recommended by administration. Carried. Joint Meeting with Town of Brooks This meeting was cancelled. ,~^ March 9, 2000 page ;g 13. Post Agenda Items I . Patricia Water & Sewer Operating Bylaw 1312-00 Moved by Councillor Steinbach that Bylaw 1312-00, being a bylaw to set water and sewer operating rates for the Hamlet of Patricia, receive first reading. Carried. Moved by Councillor Baksa that Bylaw 1312-00 receive second reading. Carried. Moved by Councillor Harbinson that consent be given to proceed with third and final reading of Bylaw 1312-00. Carried Unanimously. Moved by Councillor Eckert that Bylaw 1312-00 receive third and final reading. Carried. 2. Bylaw 1301-99 -Road Closure & Sale Bylaw 1301-99 is for the purpose of closing to public travel and sale of a portion of public highway described as follows: Title #1 -All of road allowance lying between the north west quarter of Section 1 and the north east quarter of Section 2 in Township 20 Range 15 West of the 4`h Meridian; Title #2 -That portion of road allowance lying between the south east quarter of Section 11 and the south west quarter of Section I2 in Township 20 Range 15 West of the 4`h Meridian which lies south of the production easterly of the north limit of the secondary canal "C" Spring Hill right-of--way on Plan IRR1267. Moved by Councillor Harbinson that Bylaw 1301-99, being a bylaw for the purpose of closing to public travel and sale of a portion of public highway, receive second reading. Carried. Moved by Councillor Eckert that Bylaw 1301-99 receive third and final reading. Carried. 3. Offer to Purchase - SE 1-20-18-W4 - Pt. NW 8-26-16-W4 -Divisions 6 & 9 Moved by Councillor Harbinson that we refuse the offer to purchase for the SE 1-20-18- W4. Carried. Moved by Councillor Loewen that we refuse the offer to purchase for the Pt. NW 8-26- 16-W4. Carried. March 9, 2000 Page 39 ,,._- 4. Cheques for Payment /Direct Debit Register - February Moved by Councillor Steinbach that Cheques #5885 - #5892, #5894 - #5976, #5978 - #5997and #5999 - #6043 in the amount of $334,491.87 and Direct Debit Register Batches #4756 & #4767 in the amount of $8,565.35 be approved for payment. Carried. 14. In Camera Moved by Councillor Baksa we move in camera. Carried. Moved by Councillor Harbinson we move out of camera. Carried. Left Meetine Councillor Steinbach left the meeting at 3:30 p.m. during the in camera session. 15. Question Period/Notice of Motion A question period was held. ~-- 16. Information Items 1. Newell Mini Bus -January Report 17. Adjourn Moved by Councillor Douglass that the meeting adjourn at 3:55 p.m. Carried. REEVE ADMINISTRATOR March 9, 2000 Page 40 County of Newell No. 4 Minutes of Public Hearing March 9, 2000 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, March 9, 2000 commencing at 2:00 p.m.. Members Present Reeve W. Daniels Councillors V. Fabian J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Administrator M. Bowen Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 2:03 p.m. There were no members of the public in attendance. The Public Hearing dealt with Bylaw 1308-00, being a bylaw to amend Land Use Bylaw 1004-90 to change a Pt. of NE 7-19-14-W4 from Urban Fringe District to Industrial District. The Planner presented information on this land use change. There being no further discussion, it was moved by Councillor Douglass that the Public Hearing adjourn at 2:06 p.m. Carried. f REEVE COUNTY ADMINISTRATOR