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Home My WebLink About2001-09-20 Council (Regular) Minutesr County of Newell No. 4 Minutes of Council Meeting September 20, 2001 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 20, 2001 commencing at 10:00 a.m. Members Present ~~ . ,~- Reeve Councillors Administrator Recording Secretary 1. Excused from Meeting No members asked to be excused from this meeting. W. Daniels V. Fabian (10:05 a.m.) N. Berg C. Vermeeren J. Harbinson M. Loewen A. Eckert M. Douglass C. Baksa A. Martens P. Garrett 2. Minutes 1. Council Minutes -September 6.2001 Minutes of the September 6, 2001 meeting were presented. Moved by Councillor Douglass 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 Baksa that we adopt the agenda as amended. Carried. Arrived at Meeting ,_ Councillor Fabian arrived at the meeting at 10:05 a.m. September 20, 2001 Page 149 Business from Minutes 10 Notice of Motion Moved by Councillor Douglass that we lift the following motion from the table: "Moved by Councillor Baksa that no residential subdivisions, including farmstead separations, be allowed outside any Urban Fringe District for a period of not more than 3 years for the purpose of reviewing applicable sections in the Land Use Bylaw. " Carried. Moved by Councillor Douglass that the question be called. Defeated. Vote on motion. Defeated. 11 ASB a) Soil Erosion in County Rights-of-Way Moved by Councillor Loewen that Bylaw 1362-01, being a Bylaw for the purpose of controlling and managing all unauthorized development, uses or damage of any kind on roads within the County, receive third and final reading. Moved by Councillor Douglass that we amend this bylaw by adding a definition of designated officer, that for the purposes of this bylaw includes the Administrator, Agricultural Fieldman and Special Constable. Vote on amendment. Carried. Vote on Third Reading. Carried. 15 Workshop b) Bylaw 1361-01 -Procedural Bylaw Moved by Councillor Berg that Bylaw 1361-01, being a Bylaw to regulate meeting proceedings, receive third and fmal reading. Moved by Councillor Douglass that we amend this bylaw by adding a definition for designated officer. Vote on amendment. Carried. Vote on Third Reading. Carried. 6. Correspondence 1. HTE -Bellamy. Ltd. -Operations A letter from HTE-Bellamy, Ltd., regarding changes within their company's structure, was presented to Council. Administration was directed to research costs of other Municipal Software Programs. 2. Foothills Little Bow Municipal Association -September 21 2001 Aeenda The agenda for the September 21, 2001 Foothills Little Bow Municipal Association meeting was presented to Council as information. 3. M.D. of Pincher Creek -Proposed AEUB Resolution A letter from the M.D. of Pincher Creek, regarding a resolution to be presented at the Foothills Little Bow Municipal Association meeting, was presented to Council as information. September 20, 2001 Page 150 r- 7. Other Business 1. Aunointment of Norm Bert -Weed ControUPest ControUSoil Conservation Acts Councillor Baksa declared a pecuniary interest in this matter and left the Council Chambers. Moved by Councillor Vermeeren that we appoint Norm Berg as Weed Inspector, pursuant to Section 5 of the Weed Control Act; Inspector, pursuant to Section 9 of the Agricultural Pests Act; and Soil Conservation Officer, pursuant to Section 1 ~ of the Soil Conservation Act, for the County of Newell until termination of his employment with the County. Councillor Douglass requested a recorded vote. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division 3 Councillor Berg Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Against Division 9 Councillor Douglass Carried. ,.- Councillor Baksa returned to the Council Chambers and resumed participation in the meeting. 8. Public Hearing -Addition of Direct Control (DC) District to Land Use Bylaw & Bandura - Pt. SW 25-18-15-W4 -Urban Fringe to Direct Control -Division 5 Moved by Councillor Baksa that we recess for the Public Hearing. Carried. Council reconvened at 11:17 a.m. 9. Bylaw 1363-01 Moved by Councillor Baksa that Bylaw 1363-01, being a bylaw to amend Land Use Bylaw #1004- 90 for the purposes of creating a Direct Control District and designating a portion of SW 25-18-15- W4 from OF -Urban Fringe District to DC -Direct Control District, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1363-01 receive third and final reading. Carried. September 20, 2001 Page 151 Other Business (cont'd) 2. iJp-date on S.H. Transfer/Roadside Development Agreement The Administrator updated Council on the revisions to the S.H. Transfer/Roadside Development Agreement proposal from Alberta Transportation. 10. Public Hearing - Pt. NW 19-18-14-W4 -Division 5 Martin -Urban Fringe to Direct Control Moved by Councillor Berg that we recess for the Public Hearing. Carried. Council reconvened at 12:04 p.m. 11. Bylaw 1364-01 Moved by Councillor Douglass that Bylaw 1364-01, being a bylaw to amend Land Use Bylaw # 1004-90 for the purpose of changing the land use designation of a Pt. of NW 19-18-14-W4 from OF -Urban Fringe District to DC -Direct Control District, receive second reading. Moved by Councillor Vermeeren that we postpone voting on this motion until the Young Road Area Structure Plan has been completed. Carried Lunch Council recessed for lunch from 12:08 p.m. to 1:30 p.m. 12. In Camera Moved by Councillor Hazbinson that we move in camera. Carved. Moved by Councillor Vermeeren that we move out of camera. Carried. Other Business (cont'd) 2. Up-date on S.H. Transfer/Roadside Development Aereement Moved by Councillor Douglass that we sign the S.H. Transfer/Roadside Development Agreement as presented. Carved. September 20, 2001 Page 152 r 3. Area Structure Plan Proposals This item was referred to the Municipal Planning Commission for their consideration prior to Council's review. 13. Post Agenda Items 1. Municipal Committee -Reschedule October Meeting Moved by Councillor Baksa that the October 8, 2001 Municipal Committee meeting be rescheduled to October 9, 2001 at 10:00 a.m. Carried. Moved by Councillor Loewen that the October 11, 2001 Council meeting be rescheduled to October 9, 2001 commencing after the Municipal Committee meeting and that the meetings not last past 4:00 p.m. Carried. 2. Hamlet of Scandia -Welcome Signs The Reeve excused himself from the meeting at 2:12 p.m. Deputy Reeve Harbinson assumed the Chair. Councillor Vermeeren reported on the Welcome to Scandia Sign. The Reeve returned to the meeting and resumed the chair at 2:18 p.m. This item was referred to the Municipal Committee Meeting. 3. Subdivision and Development Appeal Board -Honorarium Moved by Councillor Vermeeren that the Subdivision and Development Appeal Board members, along with the MPC Chairman, receive 2 days honorarium for the September 18, 2001 hearing which lasted for 12 hours. Carried. 4. Medicine Hat Hospital - Temporarv Closure of Intensive Care Unit The Reeve reported that the Medicine Hat Hospital Intensive Care Unit will be closing until they can hire a sufficient number of internists to properly operate the unit. 14. Committee Reports Municipal No report. September 20, 2001 Page 153 A.S.B. No report. Newell Foundation Councillor Berg gave this report. Salary Ne otg iating Committee No report. Assessment Review Board No report. Airport Commission Councillor Harbinson gave this report. Disaster Services No report. Municipal Library Board Councillor Douglass gave this report. Foothills Little Bow Association No report. Municipal Budget Committee No report. Subdivision & Development Appeal Board Reeve Daniels gave this report. i ._,.% September 20, 2001 Page 154 ,~` Brooks & District Ambulance Association Councillor Harbinson gave this report. Contract Planner Pat Maloney was in attendance for the following two committee reports. Municipal Planning Commission Councillor Baksa gave this report. 1. O1 NL 028 - Pt. SW 10-19-14-W4 -Division 10 Johnson, Neil -Residential Subdivision Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application O1NL 028 for a residential subdivision within a portion of the SW 10-19-14-W4 subject to the following conditions: 1. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The prepazation and registration of the agreement will be at the cost of the applicant. 2. The existing deferred reserve caveat identified as instrument 971 253 422 being dischazged and that amount of land utilized for the open space identified in the Johnson Fazms Area ''~' Structure Plan between the irrigation reservoir and proposed parcels one to five. 3. The applicant being responsible for providing a six metre wide strip of land adjacent to the irrigation reservoir as environmental reserve in the form of an environmental reserve easement to be registered on title. The applicant will be responsible for the continued maintenance of these lands unless deferred to the homeowners association. 4. The applicant being responsible for establishing a home owners association to be responsible for the maintenance of water lines, open space and other related matters. This association shall be established before the endorsement of the subdivision plan by the municipality and may include the existing subdivisions within the SW 10-19-14-W4M. 5. The applicant providing a drainage and grading plan for this development azea before individual development permits will be issued by the municipality. This plan is to be to the satisfaction of Alberta Environment and the County of Newell and shall be such that it does not allow any drainage to enter the water body. 6. The applicant being responsible for providing a lot numbering system in accordance with County policy for the existing and proposed subdivision within the SW 10-19-14-W4M. This will be provided prior to the endorsement of the subdivision plan by the municipality. The applicant will also be responsible for providing subdivision identifiers to the satisfaction of the County at the beginning of each of the existing subdivisions to identify access roads into the Johnson Farms' subdivision. 7. The applicant, if necessary, terminating the irrigable units applicable to the subdivided azea. The applicant may also need to enter into agreements for the delivery of water to the proposed lots which may include easements. 8. The applicant being responsible for the cost associated with the provision of franchise utilities ,.... to this subdivision as well as the provision of easements to the satisfaction of each service company. September 20, 2001 Page 155 9. The applicant being responsible for ensuring that existing oil and gas company instruments are carried forward at the time of registration of the subdivision plan with the Land Titles Office. Carried. Inter-municipal Planning Commission Councillor Baksa gave this report. Contract Planner Pat Maloney left the meeting at this time. Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. Urban Frin¢e Committee No report. Communit~Impact Study Committee Councillor Harbinson gave this report. Road Ban Committee Councillor Harbinson gave this report. Municipal Development Plan Committee No report. Grievance Committee No report. Collese Advisor~Committee Councillor Vermeeren gave this report. September 20, 2001 Page 156 ~` 9-1-1 No report. Water Management of South Saskatchewan River Basin Councillor Eckert gave this report. Workshop Session No report. F.C.S.S. Board The Administrator gave this report. Palliser Economic Partnership Reeve Daniels gave this report. r--- 15. Question Period /Notice of Motion A question period was held. 16. Information Items 1. Safety Minutes 17. Adjourn Moved by Councillor Baksa that the meeting adjourn at 3:10 p.m. Carved. ~~ REE ADMINISTRATOR September 20, 2001 Page 157 County of Newell No. 4 ~,,., Minutes of Public Hearing September 20, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 20, 2001 commencing at 11:04 a.m. Members Present Reeve W. Daniels _ Councillors V. Fabian N. Berg C. Vermeeren J. Harbinson M. Loewen A. Eckert M. Douglass C. Baksa Administrator A. Martens Contract Planner P. Maloney ' Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 11:04 a.m. r- .... Marshal Bandura, Kathy Bandura, Whaley Mar, Ron Switzer and Tom Hart were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1363-01 being a bylaw to amend Land Use Bylaw 1004-90 for the purposes of creating a Direct Control District and designating a portion of SW 25-18-15-W4 from OF -Urban Fringe District to DC -Direct Control District. The Planner gave background on this application and stated that no objections to this land use change had been received with the exception of a letter from the Town of Brooks which expressed a concern that this was not good planning practice. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for representation from the applicant on this proposal. ~-- Kathy Bandura, applicant, presented information on this proposed land use amendment. Council was given the opportunity to ask questions of the applicants. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. There was no one wishing to speak in opposition to the bylaw. The applicant was given the opportunity for rebuttal. Marshall Bandura, applicant, spoke regarding access to this property. The Reeve asked if there were further questions or concerns. There being no further discussion, it was moved by Councillor Eckert that the Public Hearing adjourn at 11:17 a.m. Carried. cz~c.r%l REE COUNTY ADMINISTRATOR County of Newell No. 4 Minutes of Public Hearing ,~- September 20, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 20, 2001 commencing at 11:30 a.m. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg C. Vermeeren J. Harbinson M. Loewen A. Eckert M. Douglass C. Baksa Administrator A. Martens Contract Planner P. Maloney Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 11:30 a.m. Ron Switzer, Whaley Mar and Tom Hart were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear ' representations on Bylaw 1364-01 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of changing the land use designation of a portion of the NW 19-18-14- W4 from OF -Urban Fringe District to DC -Direct Control District. The Planner gave background on this application and stated that no objections to this land use change had been received with the exception of a letter from the Town of Brooks which expressed a concern that this was not good planning practice. The Reeve advised those present of the procedure that would be followed for this hearing. The Reeve asked for representation from the applicant on this proposal. Ron Switzer, on behalf of the applicant Dean Martin, spoke in favour of this bylaw. r^ Council was given the opportunity to ask questions of the applicant. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Whaley Mar spoke in opposition to this bylaw. His concern was that this land use change was going through the process to be approved while his application for a land use change for land a couple miles from this proposal was being postponed until an area structure plan for the area was adopted. Council was given the opportunity to ask questions of Mr. Mar. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. The Planner read a letter from Thomas and Karen Hart in opposition to the bylaw citing concerns with air pollution, noise and increased traffic. As Mr. Hart was in attendance, Council was given the opportunity to ask him questions. The applicant was given the opportunity for rebuttal. The Reeve asked if there were fuuther questions or concerns. There being no further discussion, it was moved by Councillor Fabian that the Public Hearing adjourn at 12:04 p.m. Carried. REEV COUNTY AD STRATOR r