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Home My WebLink About2002-02-21 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting February 21, 2002 1 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 21, 2002 commencing at 10:00 a.m. Members Present Excused from Meetin¢ Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Recording Secretary P. Garrett Moved by Councillor Musgrove that Councillor Harbinson be excused from this meeting. Carried. 2. Minutes 4. i-- 1. Council Minutes -February 7, 2002 Minutes of the February 7, 2002 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carved. Call for Post Agenda Items The Reeve called for post agenda items. Adoption of A eg nda Moved by Councillor Loewen that we adopt the agenda as amended. Carried. February 21, 2002 Page 24 5. Post Agenda Items 1. A.A.M.D.&C. Topics for Discussion The following items were suggested as topics for discussion with the A.A.M.D.&C. delegation later in this meeting: 1) farm assessment review; 2) CFO legislation; and 3) inclusion of councillor mileage as a taxable benefit. 6. Business from Minutes 1. Bylaw 1381-02 -Subdivision Authority This item will be dealt with later in the meeting. 2. Bylaw 1375-02 -Municipal Rights-of--Way Moved by Councillor Baksa that Bylaw 1375-02, being a bylaw for the purpose of regulating the use and occupation of Municipal Rights-of--Way, receive first reading. Carried. 3. Finning Tour The Administrator reported that Councillors Musgrove and Baksa will represent Council on the upcoming Finning Tour. 7. Correspondence 1. Partners FOR the Saskatchewan River Basin -Membership A letter from the Partners FOR the Saskatchewan River Basin, regarding membership, was presented to Council. Moved by Councillor Musgrove that we obtain a membership in the Partners FOR the Saskatchewan River Basin. Carried. Information regarding representation on this organization will be obtained. 2. Town of Brooks - Confned Feeding_Operations A letter from the Town of Brooks, regarding confined feeding operations in the vicinity of the town, was presented to Council. This item was referred to the next Workshop Session. 3. A.A.M.D.&C. -Discussion Paper on Oversized Transport Policy An Alberta Transportation Discussion Paper on Oversized Transport Policy was circulated by the A.A.M.D.&C. to Council. Moved by Councillor Loewen that we forward our comments on this discussion paper with a copy to the A.A.M.D.&C. Carried. ~, February 21, 2002 Page 25 .-, 8. Other Business 1. Cheques for Payment Moved by Councillor Fabian that cheques #9976 - #9989, #10007 - #10080, #10082 - #10096, #10097, #10099 - #10106, #10111 - #10124 & #10126 - #10154 in the amount of $477,069.97 be approved for payment. Carried. 2. Bylaw 1376-02 -Municipal Borrowin Bg ylaw Moved by Councillor Fabian that Bylaw 1376-02, being a bylaw to allow for borrowing for the purpose of General Operating Expenses, receive first reading. Carried. Moved by Councillor Vermeeren that Bylaw 1376-02 receive second reading. Carried. Moved by Councillor Musgrove that Bylaw 1376-02 receive consent of Council for third and final reading. Carried Unanimously. Moved by Councillor Vermeeren that Bylaw 1376-02 receive third and final reading. Carried. r Post Agenda Items (cont'd) 2. Village of Tilley -Guarantee of Newell Foundation Debt ~`"- A letter from the Village of Tilley, requesting that the County guarantee their portion of the proposed Newell Foundation debt, was presented to Council. Moved by Councillor Vermeeren that the necessary steps be taken to guarantee the Village of Tilley's share of the debt for the Newell Foundation's proposed new lodge in Brooks. Carried. 3. Meeting Dates The April Municipal Committee meeting date will be discussed at the March Municipal Committee meeting. 9. Committee Reports Municipal No report. February 21, 2002 Page 26 A.S.B. A discussion on soil conservation was held. This item will be put on the agenda for the next ASB meeting. Newell Foundation Councillors Loewen and Moss gave this report. Salar~Ne otg iating Committee No report. Assessment Review Board No report. Airport Commission No report. Disaster Services Councillor Loewen gave this report. 1. Pandemic Influenza f This item, along with a video on this subject, will be brought to a future meeting. 2. Mutual Aid Agreement with Wheatland County Moved by Councillor Loewen that we enter into the Mutual Aid Agreement with Wheatland County as presented. Carried. Municipal Library Board No report. Foothills Little Bow Association No report. February 21, 2002 Page 27 r" Municipal Budget Committee No report. Inter-municipal Planning Commission Councillor Baksa gave this report. Subdivision & Development Appeal Board No report. Brooks & District Ambulance Association Councillor Moss gave this report. Newell Regional Solid Waste Management Authority No report. ,~-- Urban Fringe Committee No report. Community Impact Study Committee No report. Road Ban Committee No report. Municipal Development Plan Committee No report. Grievance Committee ~-- No report. February 21, 2002 Page 28 9-1-1 No report. College Advisory Committee No report. Water Management of South Saskatchewan River Basin No report. Workshop Session 1. S.H. 876 -Draft Letter /Priority List This letter will be redrafted and taken to the Municipal Committee meeting. 2. County Of Newe1150 Year Celebration Committee Moved by Councillor Vermeeren that Councillors Harbinson, Musgrove and Baksa be appointed to the County of Newe1150 Year Celebration Committee. Carried. A meeting of this committee was set for after the next Municipal Committee Meeting. F.C.S.S. Board No report. Palliser Economic Partnership Reeve Daniels gave this report. 10. Delectation - R.C.M.P. S/Sgt. Noble of the Brooks Detachment and Cpl. Tudor of the Bassano Detachment were in attendance to present their quarterly reports to Council. February 21, 2002 Page 29 11 .•-- ~~ Committee Reports (cont'd) Regional Services No report. Question Period /Notice of Motion A question period was held. Discussion took place on the relocation of secondary highway stop signs and the E.I.D. /Legion Scholarship Committee. Administration was directed to obtain more information on both topics. Committee Reports (cont'd) Municipal Planning Commission County Planner M. Cui was in attendance for the Municipal Planning Commission report. Councillor Baksa gave this report. 1. Draft Area Structure Plans a) Bylaw 1378-02 -Young Road Area Structure Plan Moved by Councillor Baksa that Bylaw 1378-02, being a bylaw to adopt the Young Road Area Structure Plan, receive first reading with the following changes: • Section 1.5 -the definition of IMPC including the Town of Bassano and the Village of Duchess; • the urban referral area boundary being shown on the plan area map; • the inclusion of a reference to the density of population as per the MGA; • only areas within the study area being coloured on the maps; • the addition of a municipal referral section as Section 13.3; • the deletion of Section 6.4, Environmentally Sensitive Areas, in its entirety; and • reference to the other local road as 15-1 in Section 7.1; Moved by Councillor Musgrove that this motion be tabled. Defeated. Moved by Councillor Loewen that the motion be amended by changing the Area Structure Plan to reclassify the agricultural land north of the Young Road to commercial and the agricultural land to the south of the Young Road to industrial. Vote on amendment. Carried. County Planner M. Cui left at this time. Lunch Council recessed for lunch from 12:04 p.m. to 1:36 p.m. February 21, 2002 Page 30 12. Delegation - A.A.M.D.&C. Jack Hayden, President and Eugene Wauters, Foothills Little Bow Director, of the A.A.M.D.&C. were in attendance to discuss the following items with Council: • new items at the A.A.M.D.&C. • observations from sitting in at our meeting • lobbying activities • expectations of the new provincial budget • Roles & Responsibilities Committee (relations between Federal & Provincial Governments) • farm assessment policy • confined feeding operations • municipal insurance • ambulance services resolution • status of conference resolutions • education tax 13. In Camera Moved by Councillor Baksa that we move in camera. Carried. Moved by Councillor Fabian that we move out of camera. Carried. Committee Reports (cont'd) Municipal Planning Commission (cont'd) County Planner M. Cui returned to the meeting for the remainder of the Municipal Planning Commission report. 1. Draft Area Structure Plans (cont'd) a) Bvlaw 1378-02 - Youna Road Area Structure Plan (cont'd) Moved by Councillor Eckert that Section 7.2.9 be amended to change "shall" to "may". Vote on amendment. Defeated. Vote on first reading. Carried. b) Bylaw 1379-02 -One Tree Road Area Structure Plan Moved by Councillor Baksa that Bylaw 1379-02, being a bylaw to adopt the One Tree Area Structure Plan, receive first reading with the following changes: • amendment to Section 1.5, the definition of IlVIPC including the Town of Bassano and the Village of Duchess; • the urban referral area boundary being shown on the plan area map; • the inclusion of a reference to the density of population as per the MGA; • only areas within the study area being coloured on the maps; ~; February 21, 2002 Page 31 ~'"' • the addition of a municipal referral section as Section 13.3; • the modification of the last sentence in the vision statement to read "Oil and gas industries will continue to operate and negative impacts to development will be addressed as development proceeds"; • the modification of the goal to include "intersection at Highway 1 and One Tree Road"; • amend Objective 2 to read "To focus truck traffic at Highway 1 to minimize the truck traffic throughout the study area"; • amendment to section 5.2 to note that in igation can change CLI ratings; • the deletion of the reference to agricultural district and replace it with agricultural land in Policy 6.1.6; • Policy 6.3.5 being all in italics; • in Section 6.1, Policy 6.1.1 the statement regarding CLI ratings should be changed to read "a rating of 3 or less shall not be subdivided; • the deletion of Section 6.4, Environmentally Sensitive Lands, in its entirety; • amendment of Policy 6.1.1 to read that there be no further subdivision of agricultural land within the plan; and • changing the land designation as follows: the NE 1/4 of Section 34 being divided diagonally from the NW corner to the SE corner with the portion of land closest to the #1 Highway being designated commercial and the remainder being designated residential, any land south and east of the Bantry Canal being designated agricultural and all remaining land in the Area Structure Plan that were not designated commercial be designated as residential. Moved by Councillor Musgrove that the Area Structure Plan be amended to change the W1/2 of Section 6 and SW 1/4 of Section 7 from residential to agriculture. Vote on amendment. Carried. Vote on first reading. Councillor Fabian requested recorded vote. For Division 1 Reeve Daniels Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 7 Councillor Loewen ' Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 2 Councillor Fabian Absent Division 5 Councillor Harbinson Carried. c) Bylaw 1380-02 - Highway 542 Area Structure Plan Left Meeting Councillor Fabian left the meeting at 3:57 p.m. Moved by Councillor Baksa that Bylaw 1380-02, being a bylaw to adopt the Highway 542 Area Structure Plan, receive first reading with the following amendments: ~^ • amendment to Section 1.5, the definition of IIvIPC including the Town of Bassano and the Village of Duchess; • the urban referral area boundary being shown on the plan area map; February 21, 2002 Page 32 • the inclusion of a reference to the density of population as per the MGA; • only areas within the study area being coloured on the maps; • the addition of a municipal referral section as Section 13.3; • changing the name to Highway 542 Area Structure Plan and correcting throughout the plan as necessary; • the deletion of Section 6.4, Environmentally Sensitive Areas, in its entirety; • amending the 1/8 mile strip east and west of Range Road 150 to commercial; • amending the NW half of the NW 1/4 of section 36 from agriculture to light industrial; and • showing a link between the service road and Range Road 150. Can: ied It was the consensus of Council that a single open house be held for all three area structure plans. Returned to Meeting Councillor Fabian returned to the meeting at 3:59 p.m. 2. flaw 1382-02 -Draft Land Use Bvlaw Moved by Councillor Baksa that Bylaw 1382-02, being a bylaw to adopt a Land Use Bylaw, receive first reading with the inclusion of the following amendments: • page 3, correct spelling of slaughter; • page 46, include figure number for airport vicinity map; • page 49, add apiaries to the list of permitted uses; • page 49, Section 66.3, label these lot sizes for residential and include a section on agricultural lot sizes; • page 51, include mobile home and modular home as permitted uses in Agricultural Industry, add density of one residential unit per lot, add welding and repair shop to discretionary uses and delete vehicle sales/service dealerships; • page 55, add distinction in Minimum Lot Area for 0.2 ha (.5 ac) lots with piped communal services and 0.5 ha (1.2 ac) for individual on site servicing, make sure that 68.6 is Maximum Height restrictions, add parking requirement of 2 on site stalls per lot, address communal visitor parking for condominiums and small lot developments, in 68.8(c) add maximum wall ' height of 4 m, in 68.8 (2) change temporary permit to 5 years; • Page 58, add mobile home to permitted uses, change the home occupation in discretionary to major, change the time frame for a temporary permit for a nanny suite to 5 years, in 69.8 make sure it refers to CR2, change primary and secondary highway in 69.8(b) to provincial, change shall to may in 69.8(2) and ensure that the word legal is added to 69.8(3)(c); • page 63, add direct control district that is missing; • page 64, add mobile and modular home sales to the permitted uses and move truck stops to permitted uses; • page 71, change mobile dwelling and modular unit to reflect homes; • page 77, prepare a new definition for general commercial, add approved "by Council" to 78.3, correct metric/imperial conversion, change the lot size for 78.4(4) to 5,000 sq. metres (1.2 ac) and delete the minimum width requirement; • page 85, add to 81.6 maximum site coverage, add minimum road width of 12 metres, add minimum 2 on site parking stalls and address visitor parking; February 21, 2002 Page 33 • page 87, move apartment buildings to discretionary uses and address parking in RR1; • page 89, add a definition of marina facilities; and Left Meetins Councillor Fabian excused himself from the remainder of the meeting at 4:05 p.m. Vote on motion. Carried. Council will do an in depth review of the Land Use Bylaw on March 11, 2002 commencing at 10:00 a.m. An open house for the three area structure plans will be held on March 13, 2002 from 7:00 p.m. to 9:30 p.m. Recess r Council recessed from 4:23 p.m. to 4:32 p.m. The Administrator reported that Patty Urban will be our new Development Officer. Intermunicipal Planning Commission gricultural Subdivision within a portion conditions: f subdivided land with the adjacent land arm operation. d Orders, etc. being carried forward, as at Land Titles Office. rn Irrigation District with respect to the utilities for providing services to the be responsible for the costs associated rvices. r- 3. O1 NL 037 - Pt. NE & SE -21-17-13-W4 -Division 2 ' Timko, Edward & Donna - Agricultural Subdivision Moved by Councillor Baksa that we recommend to the approval of Subdivision Application O1 NL 037 for an A of the NE and SE 21-17-13-W4 subject to the following 1. The applicant consolidating, by plan, the 7.7 acres o at NE 21-17-13-W4 to accommodate an efficient f 2. All oil and gas company leases, rights-of--way, Boar required, when the subdivision mylar is registered 3. The applicant meeting all requirements of the Easte conveyance of water as well as easements. 4. The applicant providing easements to franchise proposed and remnant parcels. The applicant may with the installation, removal or modification of se Carried. February 21, 2002 Page 34 4. 02 NL 001 - SE 20-21-14-W4 -Division 8 Culligan James & Jean -Farmstead Separation Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application 02 NL 001 for a farmstead separation within the SE 20-21- 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 easterly boundary of the proposed and remnant parcels 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 the installation of any required road approaches to the proposed andlor remnant parcels. 3. 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. 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. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. 5. O1 NL 036 -Plan 4089 FF, Parcel A (Pt. SE 2-17-13-W4) -Division 2 Wester Arne & Bessie -Farmstead Subdivision Moved by Councillor Baksa that we recommend to the Intermunicipal Planning Commission approval of Subdivision Application O l NL 036 for a Farmstead Separation in Parcel A, Plan 4089 FF (within a portion of the SE 2-17-13-W4) subject to the following conditions: 1. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 2. The applicant entering into a household purposes agreement with the Eastern Irrigation District. 3. There being no additional direct access to the highway as a result of this application and that the existing direct access remain on a temporary basis only. 4. Any further developmendsubdivision of the subject property being subject to the requirements of the "Memorandum of Agreement" that was ratified by the Minister of Transportation and the County of Newell No. 4 on October 4, 2001. 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 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. Defeated. This was defeated as this subdivision did not meet the requirements of our land use bylaw pertaining to farmstead separations as it was not the first subdivision from the quarter section. February 21, 2002 Page 35 ~` 6. Siemens, Jonathan & Marlene -Plan 6564 ET, Block A (Pt. NW 32-20-15-W4) A -Agricultural District to I -Industrial District -Division 7 Moved by Councillor Baksa that Bylaw 1383-02 , being a bylaw to change the designation of Plan 6564 ET, Block A (within a portion of NW 32-20-15-W4) from A -Agricultural District to I - Industrial District, receive first reading. Moved by Councillor Loewen that we amend this to change to DC -Direct Control District. Vote on amendment. Carried. Moved by Councillor Baksa that we table this motion. Defeated. Vote on first reading. Defeated. 7. Wiens, David & Elsie -Plan 1868 BA (Pt. NW 29-20-14-W4) -Division 8 OF -Urban Fringe District to CR -Country Residential District Moved by Councillor Baksa that Bylaw 1384-02 , being a bylaw to change the designation of Plan 1868 BA (within the NW 29-20-14-W4) from OF -Urban Fringe District to CR -Country Residential District, receive first reading. Defeated. The Planner left the meeting at this time. Business from Minutes (cont'd) 1. Bylaw 1381-02 -Subdivision Authority i- Moved by Councillor Loewen that Bylaw 1381-02, being a bylaw to establish a Subdivision Authority, receive first reading. Carried. Moved by Councillor Vermeeren that Bylaw 1381-02 receive second reading. Carried. Moved by Councillor Moss that Bylaw 1381-02 receive consent of Council to proceed to third and final reading. Carried. (Not Unanimous) 14. Information Items 1. Safety Minutes 2. Newell Mini Bus -January 15. Adjourn Moved by Councillor Pickett that the meeting adjourn at 5:30 p.m. Carried. ,~-- ~~~~ ~~ REEVE ADMIlVISTRATOR February 21, 2002 Page 36