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HomeMy WebLinkAbout2001-05-24 Council (Regular) Minutes~ County of Newell No. 4 Minutes of Council Meeting May 24, 2001 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 24, 2001 commencing at 10:00 a.m. Members Present Reeve Councillors Administrator Recording Secretary W. Daniels (10:10 a.m.) V. Fabian N. Berg C. Vermeeren J. Harbinson R. Steinbach M. Loewen (10:05 a.m.) A. Eckert M. Douglass C. Baksa A. Martens P. Hoffman r In the absence of the Reeve, Deputy Reeve Harbinson assumed the chair. 1. Excused from Meeting No members asked to be excused from this meeting. 2. Minutes 1. Council Minutes -May 10, 2001 Minutes of the May 10, 2001 meeting were presented. Moved by Councillor Douglass that we adopt the minutes as presented. Carried. 2. Minutes of May 10, 2001 Public Hearing Minutes of the May 10, 2001 Public Hearing were presented. Moved by Councillor Steinbach that we adopt the minutes as presented. Carried. ,r- May 24, 2001 Page 77 Call for Post Agenda Items The Deputy Reeve called for post agenda items. Arrived at MeetinE Councillor Loewen arrived at the meeting at 10:05 a.m. 4. Adoption of A eg nda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. 5. Delegation -Planner, Gord Shaw The Planner, Gord Shaw, was in attendance for the following Business from Minutes items. 6. Business from Minutes 15 MPC 1 00 NL 032 - Pt. NW 28-18-14-W4 -Division 5 Timko. George & Mona -Industrial Subdivision Moved by Councillor Baksa that we recommend to the IMPC approval of Subdivision Application 00 NL 032 for an industrial subdivision within Pt. NW 28-18-14-W4 subject to the following conditions: 1. The applicant providing road dedication by way of caveat on the proposed and remnant parcels in the form of a five metre strip of land adjacent to the westerly boundary. 2. The applicant entering into a development agreement for the construction of the intersection and portion of the collector road as shown in the area structure plan for the NW 28-18-14-W4. The subdivision plan will include, as part of the plan, that portion of the collector road up to the eastern most point of the proposed parcel. The development agreement being registered on title at the cost of the applicant. A11 costs associated with the preparation of this agreement shall be the responsibility of the applicant. 3. The completion and adoption, by the municipality, of the area structure plan for the NW 28-18-14-W4 lying to the south and west of Railway Plan RY 11 prior to endorsement of the subdivision plan. 4. The registration of a deferred municipal reserve caveat against the remnant parcel. The amount of the municipal reserve required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. _._, May 24, 2001 Page 78 ~~ 6. The applicant providing easements to franchise utilities for providing services to the proposed parcel. Arrived at Meeting Reeve Daniels amved at the meeting at 10:10 a.m. and assumed the Chair. Vote on motion for Subdivision 00 NL 032. Carried. 15 MPC 4 Subdivision O1 NL 018 -Plan 9410922, Block 1, Lot 1 (Pt. NW 21-17-13-W4) Graveland. Cliff -Residential Subdivision -Division 2 Moved by Councillor Baksa that we recommend to the IMPC that they deny Subdivision Application O 1 NL 018 for a residential subdivision within Plan 9410922, Block 1, Lot 1 (Pt. NW 21-17-13-W4) as this application does not conform to our Land Use Bylaw and has the potential to interfere with the agricultural operations of the area. Carried. 15 IMPC 1 O1 NL 011 - Pt. NE 27-18-14-W4 -Division 5 ~ Albert Snvders Holdin~;s Ltd. -Farmstead Separation Moved by Councillor Vermeeren that, although we are opposed to Subdivision Application O1 NL 011, should the IMPC choose to approve this application, we would request that the following conditions be applied: 1. The applicant enter into an easement agreement with the Horticultural Centre to provide access to the proposed and remnant parcels from the paved roadway within the access right-of--way plan (Plan 9212053) to the northwest of the subject property. The agreement is to be registered on the proposed and remnant parcels as well as the Horticultural Centre's property. 2. The applicant provide an easement along the southerly boundary of the remnant parcel to ensure access is maintained in the event that the paved road is realigned and access is not possible from the northwest point of the proposed parcel. 3. The applicant provide road dedication in the form of a five metre strip of land along the easterly boundary of the remnant parcel by caveat to be registered on the title of the remnant parcel. 4. The applicant ensures that all irrigation acres within the proposed parcel are removed from the water roll of the Eastern Irrigation District. S. The applicant enter into a household purposes agreement with the Eastern Irrigation District. 6. The applicant provide a registerable easement for the conveyance of water from the Eastern Irrigation District's works through the remnant parcel to the proposed parcel. 7. The applicant be responsible for all costs associated with the supply of water from the '^ Eastern Irrigation District's works to the proposed parcel. May 24, 2001 Page 79 8. The IMPC waive Section 50.6 of County of Newell Land Use Bylaw #1004-90 to allow the proposed size of 9.25 ha (22.87 acres) to be permitted. 9. The applicant provide municipal reserve in the form of a deferred reserve caveat on the remnant parcel. The amount of the deferred reserve will be determined at the time of endorsement of the subdivision plan by the municipality. 10. The applicant ensure that all oil and gas company instruments are carried forward when the subdivision plan is registered at Land Titles Office. 11. The applicant be responsible for the cost associated with the provision of franchise services to either the proposed or remnant parcels or the provision of easements for these services. Carried. Moved by Councillor Loewen that a letter be sent to the IMPC informing them that, according to the MGA, the IMPC does not have the authority to waive any conditions set out in a statutory plan and as the lot size for a farmstead separation is set out in our Municipal Development Plan they have no authority to approve this subdivision. Carried. 16 Bylaw 1349-01-Plan 9711815, Block 1 & 2 Within Pt NW & NE 31-20-14-W4 -Urban Fringe to Countrv Residential 2 Moved by Councillor Harbinson that we lift 3`~ reading of Bylaw 1349-01, being a bylaw to amend Land Use Bylaw 1004-90 to change Plan 9711815, Block 1 & 2 within portions of the NW & NE 31-20-14-W4M from OF -Urban Fringe District to CR2 -Country Residential 2 District. Carried. Vote on third reading. Carried. Councillors Berg and Loewen were not at ; the Public Hearing for this land use change and, therefore, abstained from voting. r o The Planner left the meeting at this time. 7. Public Hearing -Bylaw 1350-01 Road Closure & Sale - N of 31-13-13-W4 - Gutfriend. Brent & Susan Moved by Councillor Baksa that we recess for the Public Hearing at 11:00 a.m. Carried. The meeting reconvened at 11:12 a.m. The Administrator explained the process that is to be followed in this matter. ~' May 24, 2001 Page 80 '`' Moved by Councillor Baksa that, because of the concerns expressed in opposition to this road closure & sale, we not pass 2"d reading of Bylaw 1350-0 l . Moved by Councillor Loewen that we table this motion. Carried. Correspondence 1. A.A.M.D.&C. -Regional Strategies for Integrated Resource Mana e A letter from the A.A.M.D.&C., with regard to Regional Strategies for Integrated Resource Management, was presented to Council. Administration will further investigate this matter. 2. A.A.M.D.&C. -Advisory Committee on Aboriginal Issues A letter from the A.A.M.D.&C., with regard to an Advisory Committee on Aboriginal Issues, was presented to Council. Moved by Councillor Loewen that we nominate Ruth Steinbach for this Committee. Carried. 3. A.A.M.D.&C. -Scholarship Program ~ A letter from the A.A.M.D.&C., regarding their Scholarship Program, was presented to Council. Moved by Councillor Vermeeren that we advertize this scholarship in the Brooks Bulletin and the Bassano Times. Carried. 4. Young Parkyn, McNab & Co. - 2001 Audit Services Ltd. A letter from Young, Parkyn, McNab & Co., including a fee estimate for the 2001 audit, was presented to Council. Moved by Councillor Berg that we accept the Administrator's recommendation to appoint Young, Parkyn, McNab & Co. as the 2001 Auditor for the County of Newell. Carried. 5. Hon. Guy Boutilier, Minister of Municipal Affairs -Lake Newell Resort Hamlet Status A letter from the Hon. Guy Boutilier, Minister of Municipal Affairs, regarding hamlet status for Lake Newell Resort, was presented to Council as information. 6. Hon. Ed Stelmach Minister of Transportation - Springy Convention Meeting -Follow up A letter from the Hon. Ed Stelmach, Minister of Transportation, following up on the meeting at the Spring Convention, was presented to Council as information. ~--- May 24, 2001 Page 81 7. Newell Regional Solid Waste Management Authority Ltd -Annual Meeting A letter from the Newel] Regional Solid Waste Management Authority Ltd., informing of their Annual Meeting, was presented to Council. Concerns on blowing garbage and transfer stations are to be raised at the Annual Meeting. 8. Newell Regional Solid Waste Management Authority Ltd -Patricia Transfer Station Siting A letter from the Newell Regional Solid Waste Management Authority Ltd., regarding the possibility of locating the Patricia Transfer Station Site near the wastewater lagoon on NW 18- 20-12-W4, was presented to Council. Left Meeting Councillor Steinbach left the meeting at 11:47 a.m. Moved by Councillor Baksa that County Council, along with the NRSWMAL, hold a public meeting in the Patricia area, with regard to potential Patricia Transfer Station Sites, prior to a decision on site location being made. Carried. 9. Other Business 1. Road Closing Bylaw 1334-00 -E.I.D. - E ofNE 29-16-15-W4 A letter from AMEC, informing that the above-noted road closure has now been approved by the Minister of Transportation, was presented to Council. Moved by Councillor Loewen that Bylaw 1334-00, being a bylaw for the purpose of closing and selling the road allowance E of29-16-15-W4, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1334-00 receive third and final reading. Carried. 2. Meeting Date - JulY2na Municipal Committee Meeting Moved by Councillor Harbinson that the July 2na, 2001 Municipal Committee Meeting be moved to July 3`a, 2001. Carried. May 24, 2001 Page 82 //~~ 3. Specific Items of Discussion for Meeting with Hon. Ed Stelmach and Hon. Lyle OberQ The following were suggested as topics for discussion at a meeting with the Hon. Ed Stelmach and the Hon. Lyle Oberg: Hamlet status for Lake Newell Resort Location of new TransCanada Highway Overpass Bow City Bridge Alignment Intersection/Interchange Improvement at Highway 36 / TransCanada Highway Pavement of Secondary Highways in Rural Areas Given Lower Traffic Counts Sub-contracting for Secondary Highway Work Hon. Shirley McClellan's Report on ILOs Lunch Council recessed for lunch from 12:07 p.m. to 1:30 p.m. Returned to Meeting Councillor Steinbach returned to the meeting after the lunch recess. 10. In Camera Moved by Councillor Harbinson that we move in camera. Carried. Returned to Meeting Councillor Fabian returned from the lunch recess at 1:34 p.m. Moved by Councillor Eckert that we move out of camera. Carried. Moved by Councillor Harbinson that w•e approve the salary recommendations for non-union staff, as amended. Carried. 1 1. Treasurer's Report - Apri12001 Moved by Councillor Douglass that we approve the Treasurer's Report for April 2001. Carried. ~-^ May 24, 2001 Page 83 12. Post Agenda Items 1. Returning_Officer -Municipal Elections Moved by Councillor Vermeeren that, pursuant to Section 12.1of the Local Authorities Election Act, we appoint Ella Endersby as Returning Officer for the County ofNewell for the 2001 Municipal Election and that she be paid mileage and per diem as per our current rate. Carried. 2. Advertising_of Fire Permits A discussion with regard to fire permits and fire bans was held. 3. Newell Mini Bus Purchase Finance Officer, Garth Lucas, was in attendance for this item and presented information on tenders for a new Mini Bus. Moved by Councillor Harbinson that we have the Finance Officer check into prices on a Mini Bus with a diesel motor and that we get information on the number ofNewell Mini Bus passengers per day for the last six months. Carried. The Finance Officer left the meeting at this time. Left Meeting Councillor Fabian left the meeting at 2:45 p.m. 13. Committee Reports Municipal The Administrator reported on funding for the One Tree Road. Newell Foundation Councillor Steinbach gave this report. Salary Negotiating Committee No report. May 24, 2001 Page 84 r'' Assessment Review Board No report. Airport Commission No report. Disaster Services Councillor Loewen gave this report. A.S.B. Agricultural Fieldman, Steve Wylie, was in attendance for the A.S.B. report. Councillor Loewen gave this report. 1. Soil Erosion - NE 18-15-13-W4 in Division 1 Moved by Councillor Loewen that a bylaw be drafted, under Section 16 of the A.S.B. Act, allowing us to take control of the property located in the NE 18-15-13-W4 in Division 1. Moved by Councillor Loewen that we amend this motion to take the appropriate steps pursuant to Section 13 of the A.S.B. Act to declare this land subject to supervision. Vote on amendment. Carved. Vote on amended motion. Carried. 2. Drills Moved by Councillor Harbinson that we purchase the 25' John Deere 455 Double Disc Drill that Green Power has lent to us, in place of the two 10' John Deere 450 Double Disc Drills that were previously approved, if the original order can be cancelled with funding for this drill coming from the A.S.B. Capital Budget. Carried. The Agricultural Fieldman left the meeting at this time. Municipal Librarv Board ~' No report. May 24, 2001 Page 85 Foothills Little Bow Association No report. Municipal Budget Committee No report. Intermunicipal Subdivision Authoritv No report. Subdivision & Development Appeal Board No report. Brooks & District Ambulance Association No report. Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. Urban Fringe Committee No report. Communit~Impact Study Committee Councillor Harbinson gave this report. Road Ban Committee Councillor Harbinson gave this report. May 24, 2001 Page 86 r" ~ Municipal Development Plan Committee No report. Grievance Committee No report. 911 No report. . College Advisory Committee No report. Water Management of South Saskatchewan River Basin ,., No report. Left Meeting Councillor Eckert left the meeting at 3:22 p.m. Workshop Session 1. Progosed Bi11205 -ILO A copy of proposed Bi11205 was presented to Council as information. 2. IMPC Left Meetins Councillor Harbinson left the meeting at 3:24 p.m. Moved by Councillor Loewen that we withdraw from the IMPC. Councillor Douglass ~'"' requested a recorded vote. May 24, 2001 Page 87 For Division 1 Reeve Daniels Division 3 Councillor Berg Division 4 Councillor Vermeeren Division 7 Councillor Loewen Division 10 Councillor Baksa Against Division 6 Councillor Steinbach Division 9 Councillor Douglass Absent Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 8 Councillor Eckert Carved. Moved by Councillor Baksa that our subdivision approving authority be made up of full Council with the exception of the SDAB members. Councillor Douglass requested a recorded vote. For Division 3 Councillor Berg Division 4 Councillor Vermeeren Division 6 Councillor Steinbach Division 7 Councillor Loewen Division 10 Councillor Baksa Against Division 1 Reeve Daniels Division 9 Councillor Douglass Absent Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 8 Councillor Eckert Carried. L 3. Regional Services Ad Hoc Committee Moved by Councillor Vermeeren that we form an Ad Hoc Regional Services Committee consisting of Councillors Baksa, Loewen and Vermeeren, the Administrator and a member from the E.I.D. Carried. 4. Council /Workshop /Municipal Committee Meetings July 20 to August 19 -Rescheduling Moved by Councillor Loewen that Municipal, Workshop and Council Meetings be cancelled from July 20`i', 2001 to August 19~', 2001 and that a joint Municipal/Workshop Meeting be held on August 20~', 2001 and a Council Meeting on August 23'x, 2001. Carried. May 24, 2001 Page 88 ;- 5. Letters for Recreation Boards The Administrator circulated a draft letter for County Recreation Boards requesting feed back on the concept of a Regional Recreation Board. 6. MPC Issues at Municipal Committee Meeting The Administrator reported on why MPC issues were sent to the Municipal Committee Meeting. F.C.S.S. Board Councillor Loewen gave this report. Palliser Economic Partnership No report. 14. Question Period /Notice of Motion ,~' A question period was held. 15. Information Items 1. Safety Minutes 16. Adjourn Moved by Councillor Steinbach that the meeting adjourn at 3:45 p.m. Carried. REEVE ~~ ~1~ / /~a~ ADMINISTRATOR May 24, 2001 Page 89 ~~~ County of Newell No. 4 Minutes of Public Hearing May 24, 2001 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 24, 2001 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg C. Vermeeren J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Secretary A. Martens Recording Secretary P. Hoffinan The Reeve opened the Public Hearing at 11:02 a.m. Adjacent landowners John and Alice Pettey were in attendance. The Secretary stated that the purpose of the Public Hearing was to hear representations nn on Bylaw 1350-01 being a bylaw for the closure and sale of the road allowance N of rl l 31-13-13-W4. The Reeve advised those present of the procedure that would be followed for the Hearing. The Secretary gave a summary of the proposal. There was nobody in attendance to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. John Petter, adjacent landowner, spoke in opposition to the bylaw stating that he would like this road allowance developed for use. Council was given the opportunity to ask questions of Mr. Petter. The Reeve asked if there was anyone else wishing to speak in opposition of the bylaw. The Secretary stated that letters opposing the bylaw were received from the following: John & Alice Pettey Reinhold & Charlotte Hirch Rolf Hirch Sheila Hirch Fritz Mantsch The Reeve asked if there were any further questions or concerns. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 11: 12 a.m. Carried. REEV i~~~ COUNTY ADMIlVISTRATOR