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HomeMy WebLinkAbout2002-07-18 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting July 18, 2002 The regular Council Meeting of the County ofNewell No. 4 was held in the County Office at Brooks, AB on Thursday, July 18, 2002 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Recording Secretary P. Garrett 1. Excused from Meeting All members were in attendance at this meeting. 2. Minutes 1. Council Minutes -June 20.2002 Minutes of the June 20, 2002 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. 2. Public Hearing Minutes -June 20.2002 Minutes of the Public Hearing held on June 20, 2002 were presented. Moved by Councillor Harbinson that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. July 18, 2002 Page 115 4. 5. Adoption of A eg nda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. Business from Minutes County Planner M. Cui was in attendance for the following items. 1. Bylaw 1396-02 - SE 28-18-14 From Urban Fringe District to Industrial District Moved by Councillor Loewen that the following motion be lifted from the table: "Moved by CouncillorBaksa that Bylaw 1396-02, being a bylaw to re-zone a portion of the SE 28-18-14- W4 from OF -Urban Fringe District to I -Industrial District, receive second reading". Carried. Vote on motion. Defeated. 2. Lake Newell Marina Association -Request for Gravel This item will be dealt with later in the meeting. 3. Bylaw 1384-02 -LSD within the NW 29-20-14-W4 From Urban Fringe District to Country Residential District Councillors Fabian, Musgrove and Eckert abstained from voting on this bylaw as they were not in attendance at the Public Hearing. Moved by Councillor Vermeeren that the following motion be lifted from the table: "Moved by Councillor Baksa that Bylaw 1384-02, being a bylaw to change the designation of LSD 12 within the NW 29-20-14-W4 from OF -Urban Fringe District to CR -Country Residential District receive second reading". Carried. Vote on motion. Carried. Moved by Councillor Vermeeren that Bylaw 1384-02 receive third and final reading. Carried. The Planner left the meeting at this time. July 18, 2002 Page 116 .~ .~ 6. Correspondence 1. Rosemary Volunteer Fire Department -New Fire Hall /New Fire Truck A letter from the Rosemary Volunteer Fire Department, with regard to the funding of a new fire hall and fire truck, was presented to Council as information. 2. Alberta Council on Aging A letter from Alberta Council on Aging, with regard to Grandparents Day, was presented to Council. Moved by Councillor Eckert that: WHEREAS, we seek to strengthen the values of family, it is appropriate that we recognize that Grandparents have made and continue to make many contributions to enrich our province, towns, communities and our daily lives. WHEREAS, Grandparents are a vital part of our families, who give generously of their wisdom, experience and love. WHEREAS, we honour our Grandparents for their skills, knowledge, experience and leadership. WHEREAS, it is appropriate that a special day be set aside to celebrate our Grandparents. THEREFORE, We, The County of Newell No. 4 , do hereby Proclaim the first Sunday in September after Labour Day to be Carried. 7. Other Business GRANDPARENTS' DAY 1. Insurance for Use of Personal Vehicles for County Business The Administrator updated Council on this item. 2. Subdivision & Development Appeal Board Membership The Administrator informed Council that we will be advertising for another S.D.A.B. member as member Norma Berg has moved out of the County. July 18, 2002 Page 117 3. Spousal Attendance at AAMD&C Convention Sessions The Administrator reported on the position of the AAMD&C with regard to spousal attendance at convention sessions. 8. Treasurer's Reports -March & Apri12002 Moved by Councillor Loewen that we accept the March and Apri12002 Treasurer's Reports. Carried. 9. Cheaues for Pavment/Direct Debit Register Moved by Councillor Fabian that Cheques #10825 - #10826, #10907 - # 10930, #10931, #10933 - #11050, 11051, #11119 - #11185 and #11186 in the amount of $1,075,741.50 and Direct Debit Register Batches #6031 and #6092 in the amount of $13,364.32, be approved for payment. Carried. 10. Post Agenda Items 1. AAMD&C AANID&C/AUMA Urban/Rural Joint Cost Sharing Task Force A letter from the AAMD&C, inviting nominations for representation on the above-noted task force, was presented to Council. Council endorsed Reeve Daniels as their nominee for representation on the AAMD&C/AUMA Urban/Rural Joint Cost Sharing Task Force. 2. Policing Task Force -Report This item was referred to the next Workshop Session. 3. Tuesday s Lunch 7 Councillor Musgrove, on behalf of Council, thanked Councillor Baksa for making lunch for Tuesday's meeting. 11. Committee Reports Municipal No report. July 18, 2002 Page 118 ., ,~-- A.S.B. No report. Newell Foundation No report. Salary Ne otg_iating Committee No report. Assessment Review Board No report. Airport Commission No report. Disaster Services Committee No report Municipal Library Board No report. Foothills Little Bow Municipal Association No report. Municipal Budget Committee No report. July 18, 2002 Page 119 Subdivision & Development Appeal Board Councillor Vermeeren gave this report. Brooks & District Ambulance Association Councillor Harbinson gave this report. 12. Public Hearing - SE 1-19-15-W4 -Division 5 From Urban Fringe District to Hi hway Commercial District Moved by Councillor Vermeeren that we recess for the public hearing at 11:00 a.m. Carried. Council reconvened at 11:14 a.m. 13. Bylaw 1399-02 Moved by Councillor Harbinson that Bylaw 1399-02, being a bylaw to re-zone a portion of the SE 1-19-15-W4 from OF -Urban Fringe District to HWY C -Highway Commercial District, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1399-02 receive third and final reading. Carried. Committee Reports (cont'd) Brooks & District Ambulance Association (cont'd) Discussion continued on this item. 14. Public Hearing -Road Plan 8710286 -Division 3 Closing & Selling of Road Allowance Moved by Councillor Moss that we recess for the public hearing at 11:30 a.m. Carried. Council reconvened at 11:34 a.m. July 18, 2002 Page 120 ~^ 15. flaw 1398-02 There was no further action needed on Bylaw 1398-02 at this time. Committee Reports (cont'd) Brooks & District Ambulance Association (cont'd) Moved by Councillor Baksa that a letter be sent to the Ambulance Board and 911 Committee reaffirming our position of retaining two separate boards. Councillor Fabian requested a recorded vote. Moved by Councillor Baksa that we table this motion. Carried. This item was referred to the next Workshop Session. Newell Regional Solid Waste Management Authority No report. Urban Fringe Committee ~,,, No report. Community Impact Study Committee No report. Road Ban Committee Councillor Harbinson gave this report Municipal Development Plan Committee No report. Grievance Committee No report. July 18, 2002 Page 121 9-1-1 No report. College Advisory Committee No report. Red Deer River Basin Advisory Committee No report. Workshop Session 1. Secondary Highway 876 -Concerned Citizens Meeting Moved by Councillor Musgrove that Councillors wishing to attend the Secondary Highway 876 meeting of concerned citizens to be held on July 30`x, 2002 be allowed to do so and to charge per diem and mileage. Carved. 2. Benefits Package for Elected Officials Moved by Councillor Vermeeren that Councillors participate in the benefits package offered to employees commencing as soon as possible and that no waiting period be required for Councillor participation. Carried. 3. 50~' Anniversary Pin -Price Ouotes Moved by Councillor Eckert that we purchase 5,000 lacquered 50~` Anniversary pins from Elfiieda Enterprises. Carried. ,~ .... ,. Councillor Moss excused himself from discussion and voting on the following two items. 4. Report on CFO Appeal Hearin Moved by Councillor Harbinson that Councillor Moss be permitted to charge per diem and mileage for his attendance at the July 11~', 2002 NRCB hearing in Bassano. Carried. July 18, 2002 Page 122 i- 5. Letter to Minister of Alberta Agriculture Food & Rural Development - NRCB Hearing Moved by Councillor Musgrove that we send a letter to the Hon. Shirley McClellan regarding the NRCB Hearing held in Bassano on July 11, 2002, with copies of the letter to be sent to our MLA and all rural municipalities in Alberta. Carried. Councillor Moss resumed participation in the meeting at this time. Lunch Council recessed for lunch from 12:04 p.m. to 1:30 p.m. Moved by Councillor Musgrove that Councillor Pickett be permitted to charge per diem and mileage for his attendance at the July 11~', 2002 NRCB hearing in Bassano. Carried. 15. In Camera Moved by Councillor Harbinson that we move in camera. Carried. r Moved by Councillor Vermeeren that we move out of camera. Carried. Superintendent of Public Works E. Somerville was in attendance for the following items. Post Agenda Items (cont'd) Dust Abatement Jurisdiction Councillor Vermeeren questioned how the County is able to require certain companies to use • dust control. The Superintendent of Public Works informed Council that, if the company has a Road Notification and Repair Agreement with us, there is a clause with reference to dust abatement. Under the authority of the Public Highways Development Act, if there is no agreement, the company maybe given the choice of applying some form of dust abatement or being banned from using the road if they are creating a safety issue. July 18, 2002 Page 123 Business from Minutes (cont'd) - Lake Newell Marina Association -Request for Gravel Moved by Councillor Harbinson that we lift the following motion from the table: "Moved by Councillor Harbinson that we approve this request." Carried. Left Meeting Councillor Vermeeren left the meeting at 2:19 p.m. Vote on motion. Defeated. The Superintendent of Public Works left the meeting at this time. FCSS Board No report. Palliser Economic Partnershiv Reeve Daniels gave this report. Regional Services No report. 50`~ Anniversary Committee No report. Returned to Meeting Councillor Vermeeren returned to the meeting at this time. July 18, 2002 Page 124 r MuniciQal Planning Commission Planner M. Cui was in attendance for the following items. Councillor Baksa gave this report. 1. 02 NL 012 -Plan 9110029, Block 10; Plan 8210258, Block 4, Lots 21-30, and Plan 8210258, Block 2, Lots 18-24 - County of Newell -Consolidation -Division 1 Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 012 for the consolidation of Plan 9110029, Block 10; Plan 8210258, Block 4, Lots 21 - 30 and Plan 8210258, Block 2, Lots 18 - 24 within the Hamlet of Rolling Hills subject to the following conditions: 1. 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. 2. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. 2. 02 NL 013 - NW 21-20-14-W4 -Division 8 Allen Torkelson -Agricultural Residential Subdivision Moved by Councillor Baksa that we recommend to the Subdivision Authority denial of Subdivision Application 02 NL 013 for an Agricultural Residential Subdivision within the NW 21-20-14-W4 as it is not an unsubdivided quarter section and therefore does not meet the requirements for a Farmstead Separation. Canned. ' 3. 02 NL 014 -Plan 9610718, Block 3, Lot 1 (NW 28-20-14-W4) & Pt. Railway Plan 33 County ofNewell / Layton Fulton -Consolidation -Division 8 Moved by Councillor Baksa that we recommend to the Subdivision Authority approval of Subdivision Application 02 NL 014 for the consolidation of Plan 9610718, Block 3, Lot 1 (within the NW 28-20-14-W4) and Pt. Railway Plan 33 subject to the following conditions: 1. The applicant consolidating, by plan, the proposed portion of RW Plan 33 with Plan 9610718, Block 3, Lot 1. 2. 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. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. July 18, 2002 Page 125 4. 02 NL 015 -Plan 7811152, Block A (SE 3-21-15-W4) & Pt. Railway Plan 33 -- County ofNewell /Gem & Corrine Isaac -Consolidation -Division 8 Moved by Councillor Baksa that we recommend to the Subdivision Authority approval of Subdivision Application 02 NL 015 for the consolidation of Plan 7811152, Block A (within the SE 3-21-15-W4) and Pt. Railway Plan 33 subject to the following conditions: 1. The applicant consolidating, by plan, the proposed portion of RW Plan 33 with Plan 7811152, Block A. 2. 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. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. 02 NL 016 - NW 36-14-14-W4 -Division 1 Allan Patterson -Farmstead Separation Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority denial of Subdivision Application 02 NL 016 for a farmstead separation within the NW 36-14- 14-W4 as the existing dwelling is not habitable and therefore does not meet the requirements for a farmstead separation. Defeated. Moved by Councillor Vermeeren that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 016 for a farmstead separation within the NW 36- 14-14-W4 subject to the following conditions: 1. The registration of a caveat for the dedication of a 5-metre strip of land along the westerly boundary of the remnant parcel for future road widening to be purchased at a rate this is consistent with County policy at that time. 2. The applicant entering into an agreement with the County of Newell for construction and/or upgrading of road approaches to the proposed and remnant parcels as required by the Public Works Department. 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. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 5. All oil and gas company leases, rights-of--way, Board Orders, etc. being carved forward, as required, when the subdivision mylar is registered at Land Titles Office. 6. All outstanding municipal taxes being paid prior to the endorsement. Carried. July 18, 2002 Page 126 6. Fee Schedule Moved by Councillor Baksa that Item M of the Fee Schedule be amended to add: "if and as indicated in the area structure plan" and deleting "in an amount adopted by Council" . Carried. Moved by Councillor Baksa that Item K of the Fee Schedule be amended to delete the words "up to". Carried. 7. Endorsement Extension Moved by Councillor Baksa that a bylaw be drafted delegating the authority to authorize Endorsement Extensions to the CAO. Carried. 8. Letter from Dean Martin r- Moved by Councillor Baksa that Bylaw 1400-02 , being a bylaw to re-zone the NW 19-18-14- W4 from LI -Light Industrial to I -Industrial, receive first reading. Carried. Given the confusion in the previous application, the costs associated with this land use change will be borne by the County. 9. AAMD&C -Private Sewage Disposal Pilot Project Moved by Councillor Baksa that a letter be sent to AAMD&C stating that we don't have the resources to undertake the Private Sewage Disposal Pilot Project but we would like to participate in the development process. Carried. 10. Proposed Density Provisions for Recently Approved Area Structure Plans Moved by Councillor Baksa that Administration work with EBA Consulting to develop satisfactory wording for the proposed density provisions for the area structure plans. Carried. The Planner left the meeting at this time. 17. Ouestion Period /Notice of Motion A question period was held. ,,•._ July 18, 2002 Page 127 18. Information Items 1. Safety Meeting Minutes 19. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 3:11 p.m. Carved. .... iv` a~c.~~ REE ADMINISTRATOR ,~ July 18, 2002 Page 128 County of Newell No. 4 Minutes of Public Hearing "`~ July 18, 2002 A Public Hearing of the County ofNewell No. 4 was held in the County Office at Brooks, AB on Thursday, July 18, 2002 commencing at 11:30 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Recording Secretary P. Garrett The Reeve opened the Public Hearing at 11:30 a.m. There were no members of the public in attendance. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1398-02 being a bylaw for the purpose of closing and selling Road Plan 8710286. The Administrator indicated that no one asked to make representation on this proposal. The Administration presented background information on this item. Councillor Musgrove asked for clarification as to where the road plan ends. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 11: a.m. Carried. .-. ~ ~~i~ REEVE . COUNTY ADMINISTRATOR r County of Newell No. 4 Minutes of Public Hearing July 18, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, July 18, 2002 commencing at 11:04 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Planner M. Cui Recording Secretary P. Garrett .-- The Reeve opened the Public Hearing at 11:04 a.m. Applicant Joe Prins was in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1399-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning the SE of 1-19-15-W4 from OF -Urban Fringe District to HWY C -Highway Commercial District. The Planner gave background on this application. The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked for representation from the applicant on this proposal. Applicant Joe Prins spoke in favour of the bylaw indicating that he would like to have the land use changed to Light Industrial rather than Highway Commercial. Council was given the opportunity to ask questions of the applicant. Councillor Baksa indicated that if Mr. Prins would like to change to Light Industrial, he would have to apply for another land use amendment. r Councillor Vermeeren indicated that farm machinery sales is a discretionary in both the Light Industrial and Highway Commercial Districts. Councillor Eckert indicated that there is a County Residential development to the south of the subject property that will need to be protected. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was noone 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 noone wishing to speak in opposition to the bylaw. The Applicant was given opportunity for rebuttal. Mr. Prins indicated he would be satisfied with the Highway Commercial District if machinery sales and services could be accommodated in this zone. There being no further discussion, it was moved by Councillor Pickett that the Public Hearing adjourn at 11:14 a.m. Carried. ` REEVE COUNTY ADMINISTRATOR