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HomeMy WebLinkAbout2002-06-20 Council (Regular) Minutes.-~ County of Newell No. 4 Minutes of Council Meeting June 20, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 20, 2002 commencing at 9:00 a.m. Members Present 1. Excused from Meetine Reeve W. Daniels Councillors C. Vermeeren J. Harbinson E. Moss M. Lcewen A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Recording Secretary P. Garrett Moved by Councillor Harbinson that Councillors Fabian, Musgrove and Eckert be excused from this meeting. Carried. 2. Minutes 1. Council Minutes -June 6.2002 Minutes of the June 6, 2002 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. 2. Public Hearing Minutes -June 6.2002 Minutes of the three Public Hearings held on June 6, 2002 were presented. Moved by Councillor Baksa 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 Moss that we adopt the agenda as amended. Carried. June 20, 2002 Page 104 Business from Minutes 1. Permit #23 t 1 - Pt. SW 25-18-15-W4 -Direct Control Bylaw 1363-01 Marshall Bandura -Manufacturing & Fabrication Operation -Division 5 Development Control Officer P. Urban was in attendance for this item. Vote on the following motion postponed from June 6, 2002: "Moved by Councillor Harbinson that we approve Development Permit Application #2311 for the development of an oversized building jor a manufacturing and fabrication operation within a portion of the SW 25-18-1 S-W4 waiving the size restrictions subject to the following conditions: 1. This use being classified as a "Manufacturing & Fabrication Operation " being a discretionary use within the DC -Direct Control District. 2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. This use complying with theprovisions of Section 69 ofLand Use Bylaw#1004-90pertaining to the DC -Direct Control District. 4. This development being located as shown on the site plan submitted on January I1, 2002. Any changes to that plan shall require the written approval of the Development Officer. S. This use complying with the Alberta Building Code. 6. The developer obtaining all required permits (ie: electrical, building, heating, ventilation, gas and plumbing) from an accredited inspection agency. 7. The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell prior to the commencement of construction. 8. The developer ensuring that there is an adequate supply of water for fire suppression with this development. 9. The developer ensuring an adequate supply of water is provided for this use. 10. The developer ensuring proper disposal of sewage and waste from this use. I1. The developer ensuring the property is maintained to the satisfaction of the Development Officer. I2. The developer ensuring al! construction materials, supplies and equipment are stored on the property and not on the public roaafxriv. 13. The developer ensuring continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring the following minimum yard setback is maintained for the development: Front Side Flankage Rear . * 40 metres 3 metres 3 metres 7.S metres * From the centre line ofpublic roaduzry. 1 S. This permit being only for the development of ~a ~t~fanufacturing and Fabrication Operation within a Ptn. SW 25-18-1 S-4 containing six acres. Any additional development shall require prior approval of a separate permit application. 16. The development not creating any contamination of soil, surface or ground water. 17. The external storage of goods or material including garbage being screened from Young Road by appropriate screening to the satisfaction of the Development Authority. 18. The County Council grants a varies»ce such that the building does not exceed an area of 1, l l Sm2 (12,000 ftz). ,~' June 20, 2002 Page I05 r 2. Water System Bylaws -Patricia & Scandia Administration will draft new bylaws for water and sewer systems within the County. 3. 50`° Anniversar~t?o Contest Council reviewed the entries for the 50"' Anniversary Logo Contest. There were 40 entries for this contest. 4. Proposed Assessment Review Board Date The Assessment Review Board meeting date was set for September 4"', 2002. 8. Post Agenda Items 1. Alberta Government Services -Foreign Ownership of Land Regulations This item was referred to the July 8'~ Municipal Committee Meeting. 2. MLA Lvle Oberg Open House -June 22.2002 .-- Moved byCouncillor Harbinson that anyone attending the above-noted meeting do soon their own with no charge to the County. Carried. 9. Committee Reports Municipal No report. A.S.B. Councillor Loewen gave this report. Newell Foundation Councillor Moss gave this report. Salary Neeotiatin~ Committee ~" Councillor Harbinson report. June 20, 2002 Page 108 Assessment Review Board No report. Airoort 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. Municipal Planning Commission Planner M. Cui was in attendance for the following item. Councillor Baksa gave this report 1. 02 NL 011 - NW 12-19-15-W4 -Division 5 Biil Jackson -Farmstead SeQaration Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority that Subdivision Application 02 N 011 for a farmstead separation within the NW 12-19-15-W4 be denied as it would be creating a panhandle; it would be within Lakeside's MDS; and there is an industrial subdivision adjacent to the proposed subdivision. Carried. The Planner left the meeting at this time. ~' June 20, 2002 Page 109 ~'^ 19. The developer providing adequate parking in accordance with the type of development proposed as shall be determined by the Municipal Planning Commission or Development Off cer. a) at a rate of one (1) stall per 96m' /net area or b) one (1) stall per three employees 20. The developer providing a comprehensive plan including site layout, building design, exterior finishes and colour, landscaping, fencing, garbage facilities and parking prior to commencement of construction to the satisfaction of the Development Officer. 21. The road approach being constructed prior to the development and to the satisfaction of the Public Works Department. 22. The developer entering into an agreement with the County for the installation of proper signage as required by the Public Works Department. Such signage will be installed by the County at the cost of the developer. " Carried. The Development Control Officer left the meeting at this time. Planner M. Cui was in attendance for the following items. 2. Bylaw 1396-02 - SE 28-18-14 From Urban Fringe District to Industrial District This item was not lifted from the table. 3. 02 NL 010 - Pt NW 18-21-18-W4 -Division 6 Michael Steinbach -Applicant (M & L Farms Ltd - Ownerl -Non Aericultural Subdivision Moved by Councillor Loewen that the following motion be lifted from the table: "Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 010 for a non agricultural subdivision within a portion of the NW 18-21-18-W4 subject to the following conditions: 1. 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. 2. The land use amendment from OF to P-WTS being approved by the County Council prior to the endorsement of the survey plan. 3. The applicant meeting all requirements of the Eastern Irrigation District xzth 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 fontiUrd, as required, when the subdivision mylar is registered at Land Titles Office. S. 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. June 20, 2002 Page 106 6. The proposed .subdivision encompassing the entire triangular parcel of land located within the NW 18-21-18-W4 north of the railroad trucks. Carried. Vote on motion. Defeated. The Planner left the meeting at this time. 6. Correspondence Lake Newell Marina Association -Request for Gravel Superintendent of Public Works E. Somerville was in attendance for the following item. A letter from the Lake Newell Marina Association, requesting a donation of 150 yards of 3/4" crush gravel, was presented to Council. Moved by Councillor Harbinson that we approve this request. Moved by Councillor Baksa that we table this motion. Carried. The Superintendent of Public Works left the meeting at this time. 2. Brooks & District Museum -Donation Request for Museum Inventory Proiect A letter from the Brooks & District Museum, requesting a donation and a letter of support for their Museum Inventory Project, was presented to Council. Moved by Councillor Loewen that we give the Museum a letter of support for this project. Moved by Councillor Moss that we amend the motion to include a donation of $1,000. Vote on amendment. Carried. Vote on amended motion. Carried. 7. Other Business Finance Officer G. Lucas and Superintendent of Public Works E. Somerville were in attendance for the following item. .... ~ 1. Scandia/Rainier Water/Sewer 2002 Operating Rates Moved by Councillor Vermeeren that the 2002 Water/Sewer Operating Rates for Scandia be set at $505 and $75 respectively. Carried. Moved by Councillor Vermeeren that the 2002 Water Operating Rates for Rainier be set at $440 per residential unit and $12,320 for the school. Carried. The Finance Officer and the Superintendent of Public Works left the meeting at this time. June 20, 2002 Page 107 ~- Subdivision & Development Appeal Board No report. Brooks & District Ambulance Association Councillor Harbinson gave this report. Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. Urban Fringe Committee No report. Community Impact Study Committee Councillor Harbinson gave this report. Road Ban Committee Reeve Daniels gave this report Municipal Development Plan Committee No report. Grievance Committee No report. 9-1-1 No report. College Advisory Committee No report. June 20, 2002 Page 110 Red Deer River Basin Advisorv Committee No report. Bow River Basin Advisorv Committee Councillor Vermeeren gave this report. Administration was directed to determine who mad the presentation to the committee and to invite the presenter to make the same presentation to Council. 10. Public Hearing -LSD 12 within the NW 29-20-14-W4 From Urban Fringe District to Country Residential District Moved by Councillor Harbinson that we recess for the Public Hearing at 11:00 a.m. Carried. Council reconvened at 11:13 a.m. 11. Bylaw 1384-02 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. Moved by Councillor Baksa that we table this motion. Carried. Moved by Councillor Baksa that all urban municipalities be treated as Town of Brooks when referring planning matters in their urban fringe areas. Carried. The Planner left the meeting at this time. Other Business (cont'd) 50"' Anniversar~go Contest (cont'd) ~ Moved by Councillor Baksa that the entry from Wanda Wallace be awarded first prize. Carried. June 20, 2002 Page 111 ~^ Committee Reports (cont'd) Workshop Session Farm Propertv Assessment Review Submission Moved by Councillor Vermeeren that we recommend to the MLA Farm Property Assessment Review Committee that a Committee be established comprised of assessors, municipalities, intensive agricultural stakeholders and extensive agricultural stakeholders, for the purpose of considering alternative options to the footprint concept and to develop regulations and answers to outstanding questions regarding the footprint concept, including but not limited to, questions such as how livestock will be counted and how the footprint concept will take into account fluctuations in the number of livestock an operator has which, in turn, depends on the current economic climate of the particular industry. Carried. Moved by Councillor Harbinson that we inform the MLA Farm Property Review Committee that we will not support any of their recommendations unless the education tax is removed from farm land. Carried. Moved by Councillor Loewen that we inform the MLA Farm Property Review Committee that the province must reimburse municipalities for any implementation costs incurred by municipalities as a result of any assessment method changes. Carried. .-, 2. Banking A~seement -Request for Proposals Moved by Councillor Vermeeren that administration initiate a request for proposals from banking institutions for a three year banking agreement. Carried. 3. Annual Audit -Request for Proposals Moved by Councillor Moss that administration initiate a request for proposals from qualified auditors for the preparation of our annual audit for the years 2002 to 2004 inclusive. Carried. 4. Investment Policv Moved by Councillor Pickett that we approve the investment policy as presented. Carried. 5. Recreation Corridors Legislative Review This item was referred to the July 8"', 2002 Municipal Committee Meeting. June 20, 2002 Page 112 FCSS Board Councillor Loewen gave this report. 2002 FCSS Conditional Funding Disbursement Moved by Councillor Loewen that, from the conditional FCSS funding, the following budget adjustments be made: Tilley School $1,000.00 Conferences $2,000.00 Administration $800.00 Carried. Moved by Councillor Loewen that the remainder of the conditional FCSS funding be distributed as follows: Lifetalk Counselling Services $2,042.00 Brooks Women's Shelter $5,000.00 SPEC $2,000.00 Brooks & District Child Development Society $1,000.00 B lacksheep Promotions $1,000.00 Global Friendship Immigration Centre $8,750.00 FCSS Contingency $1,432.00 Carried. 2. Proposed Cleaning Contract Moved by Councillor Loewen that we approve the Home Support Contract with Clean Sweep Team. Carried. Palliser Economic Partnership ` Reeve Daniels gave this report. Lunch Council recessed for lunch from 12:05 p.m. to 1:33 p.m. 12. In Camera There were no In Camera items. June 20, 2002 Page 113 r Committee Reports (cont'd) Regional Services No report. 50"' Anniversary Committee Councillor Baksa gave this report. 13. Ouestion Period /Notice of Motion A question period was held. Councillor Harbinson expressed concern with regard to the road to the Bantry Bay Subdivision. Councillor Baksa requested magnetic name tags for the Councillors. Councillor Harbinson expressed concern that truckers had not yet been informed of rates. 14. Information Items 1. Safety Meeting Minutes 15. Dele¢ation -Dennis Blain and Bantry Bay Proponents Dennis Blain and 12 Bantry Bay proponents were in attendance to address Council with regard to the proposed Bantry Bay development. They indicated that they had purchased this land from the Eastern Irrigation District and hold clear title to the property. They also indicated that they were willing to post a performance bond to alleviate Council's fears that once started the project would not be properly completed and that they were in negotiations with the Town of Brooks to connect to the proposed sewer line. Council was told that this development would have lots that were a minimum of 1 acre in size. They indicated that they would be willing to make any changes necessary to their proposal to get Council's approval. The general feeling of Council was that they did not want to see this area developed at this time. 16. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 2:32 p.m. Carried. VE ~~~ ~~~ ADMINISTRAT R i-- June 20, 2002 Page 114 ,•- County of Newell No. 4 Minutes of Public Hearing June 20, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 20, 2002 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors C. Vermeeren J. Harbinson E. Moss M. Loewen 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 11:00 a.m. .^ Applicant David Wiens and adjacent landowner Ken Neufeld were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1384-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of n re-zoning LSD 12 within the NW 29-20-14-W4 from OF -Urban Fringe District to CR - ~ Country Residential 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 David Wiens spoke in favour of the bylaw by giving a history of this parcel of land, including the preparation of the land for development. He also indicated that he has received pressure from people wanting him to subdivide and that subdivision would work in well with his plans for retirement. '~ Council was given the opportunity to ask questions of the applicant. There were no questions. 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. Adjacent landowner Ken Neufeld spoke indicating that, although he had no objections to progress, he did have concerns with regard to the proposed development. He indicated that his main concerns were increased traffic and enforcement of bylaws so adjacent landowners would have recourse should the inhabitants of the proposed subdivision violate the rights of the adjacent landowners. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. There was no one else wishing to speak in opposition of the bylaw. Council was given the opportunity to ask questions of Mr. Neufeld. Councillor Vermeeren asked if traffic was Mr. Neufeld's main concern. Mr. Wiens was given the opportunity for rebuttal. Mr. Wiens indicated that he appreciated and shared Mr. Neufeld's concern. He indicated that there will always be people that want to get out and use the roads. Council was given the opportunity to ask further questions. Councillor Harbinson asked Mr. Neufeld if he had ever contacted the County's Special Constable with regard to his concerns. ~, Councillor Harbinson questioned Mr. Wiens on the proposed lot sizes for this development and if the development would be compatible with the Village of Duchess should the Village want to annex the proposed area in the future. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 11:13 a.m. Carried. ` ~,~, ~a~.J~ REEV COUNTY ADMINISTRATOR