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Home My WebLink About2003-08-18 Council (Regular) Minutes,~'" County of Newell No. 4 Minutes of Council Meeting August 18, 2003 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Monday, August 18, 2003 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 -July 24.2003 ' Minutes of the July 24, 2003 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A eg nda Moved by Councillor Musgrove that we adopt the agenda as amended. Carried. ~ .... August 18, 2003 Council Page 149 5. Assistant Administrator's Report - The Assistant Administrator, N. Moriyama, presented his report for July to Council. Moved by Councillor Moss that we accept this report. Carried. 6. Administrator's Report There was no Administrator's Report. 7. Business From Minutes There were no Business From Minutes items. 8. Correspondence There were no Correspondence items. 9. Cheaues for Pavrnent Moved by Councillor Harbinson that Cheques #13552, #13553, #13555 - #13675, #13676, #13689, #13691, #13692, #3703, #13705 -13710 and #13711 - #13716 in the amount of $635,579.87, and Direct Debit Register Batches #7112, #7150, #7164, #7193 and #7216, in the amount of $74,164.25, be approved. Carried. 10. Treasurer's Report -July 2003 Moved by Councillor Fabian that we adopt the July 2003 Treasurer's Report. Carried. 11. Other Business Finance Officer S. Shigehiro was in attendance for the following items. 1. 2003 Tax Sale Properties -Reserve Bids Moved by Councillor Baksa that reserved bids for the 2003 Tax Sale Properties be set as recommended by Administration. Carried. August 18, 2003 Council Page 150 ~" 2. Bylaw 1436-03 -Loan Bylaw -Newell Foundation Moved by Councillor Loewen that Bylaw 1436-03, being a bylaw to provide a loan to the Newell Foundation, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1436-03 receive third and final reading. Carried. 3. Bvlaw 1437-03 - Borrowing_Bylaw -Issuance of Debentures Moved by Councillor Loewen that Bylaw 1437-03, being a bylaw to incur an indebtedness by the issuance of debentures to the Alberta Capital Finance Authority for the purpose of providing a loan to the Newell Foundation for the construction and upgrade to the Newbrook Lodge in Brooks, Alberta, receive second reading. Carried. Moved by Councillor Moss that Bylaw 1437-03 receive third and final reading. Carried. The Finance Officer left the meeting at this time. ~ 12. Post Agenda Items 1. AANID&C -Fall Convention Call The Administrator circulated information on the AAMD&C Fall Convention. 2. Land Use Bylaw Review Meeting This item will be dealt during the MPC report. 3. Lack of Media Response to BSE This item will be dealt with during the Border Beef Rally report. Superintendent of Public Works E. Somerville was in attendance for the following item. /'` August 18, 2003 Council Page 151 4. S.H. 876 Councillor Musgrove expressed concern over the condition of S.H. 876. Discussion took place on the general condition of all the secondary highways within the County since they have been taken over by the Province. Alberta Transportation and Volker Stevin will be invited to attend a meeting with Council to address our concerns regarding the condition of secondary highways within the County. Moved by Councillor Musgrove that we opt out of our contract with Volker Stevin for the maintenance of secondary highways. Moved by Councillor Baksa that we table this motion. Carried. The Superintendent of Public Works left the meeting at this time. 5. FCM Moved by Councillor Baksa that a response be sent to the FCM, regarding their correspondence dated August 14, 2003 on Increasing Women's Participation in Municipal Consultation Processes Project, indicating that municipal government is not gender specific and that this issue may not be the best use of members' funds. Carried. 6. Transfer Station for Division 8 Councillor Eckert reported on possible locations for the placement of a transfer station for Division 8. 13. Committee Reports A.S.B. No report. Newell Foundation No report. Salarv Ne~otiatin~ Committee No report. August 18, 2003 Council Page 152 !'"" Assessment Review Board No report. Airport Commission No report. Disaster Services Discussion took place on the issuance of Fire Permit bans. 14. Public Hearing -Tiered Permitting_System Moved by Councillor Harbinson that we recess for the Public Hearing at 11:00 a.m. Carried. Council reconvened at 11:15 a.m. 15. Bylaw 1438-03 -Tiered Permitting System Moved by Councillor Baksa that Bylaw 1438-03, being a bylaw to amend Land Use Bylaw 1004-90 to provide for a Tiered Permitting System, receive second reading. Moved by Councillor Loewen that Bylaw 1438-03 be amended by adding temporary permit costing as recommended by the Planner. Vote on amendment. Carried. Moved by Councillor Vermeeren that Bylaw 1438-03 be amended by correcting the numbering of the document. ' Vote on amendment. Carried. Vote on second reading. Carried. Moved by Councillor Musgrove that Bylaw 1438-03 receive third and final reading. Carried. Committee Reports (cont'd) Disaster Services (cont'd) Discussion continued on the issuance of Fire Permit bans. Municipal Library Board ~ No report. August 18, 2003 Council Page 153 Shortgrass Librar~ystem -~ No report. Foothills Little Bow Association No report. Municiual Budget Committee No report. Subdivision and Development Appeal Board Councillor Vermeeren gave this report. Workshop Session No report. Brooks & District Ambulance Association No report. 9-1-1 No report. Newell Regional Solid Waste Management Authority No report. Urban Fringe Committee No report. August 18, 2003 Council Page 154 /~ Community Impact Study Committee No report. Road Ban Committee No report. Municipal Development Plan Committee No report. Grievance Committee No report. College Advisory Committee ~ No report. Red Deer River Basin Advisory Committee No report. .... Bow River Basin Advisory Committee No report. Bow River Council No report. F.C.S.S. Board No report. August 18, 2003 Council Page 155 Palliser Economic Partnership Reeve Daniels gave this report. _... Regional Services No report. 50`i' Anniversary Committee Councillor Baksa gave this report. Partners in Tourism No report. Planner T. Henry was in attendance for the following items. Municipal Planning Commission Councillor Baksa gave this report. 1. Old Items a) Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC Applicant: Bigelow, Dean -Owner: 95778 Alberta Ltd. -Division 5 This item was not lifted from the table. b) By-law 1427-03 -Bantry Bay Land Use Amendment This item was not lifted from the table. August 18, 2003 Council Page 156 ~'^ 2. New Items a) 03 NL 007 -LSD 3 & Plan 9611051, Block 2 (SW 18-19-15-W4) -Div 5 Murray, Brian & Eileen / Fehr, Greg (owners) -Christianson, Cam (applicant) Boundary Adjustment to Expand Fehr Property to Have Garage Conform to LUB Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 03 NL 007 for a boundary adjustment of Legal Subdivision 3 & Plan 9611051, Block 2 (within SW 18-19-15-W4) subject to the following conditions: 1. The entire 10 m strip being consolidated with Plan 9611051, Block 1(within SW 18-19- 15-W4). 2. All oil and gas company leases, rights-of--way and Board Orders being carried forward when the subdivision mylar is registered at Land Titles Office. 3. The applicant providing easements to franchise utilities for services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. ~"~ 4. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water, as well as easements. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 7. All outstanding municipal taxes being paid prior to endorsement. Carried. ~~ b Gre Fehr - Re uest for A lication Fee Reduction g q LP Moved by Councillor Baksa that we deny Mr. Fehr's request for a reduction in his subdivision application fees. Carried. c) 03 NL 008 - SE 3-16-16-W4 -Division 4 Eastern Irrigation District (owner) -Christianson, Cam/County of Newell (applicant) Subdivision of Scandia Landfill Site Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 03 NL 008 to allow for the reclamation of the old Scandia Landfill site located within the SE 3-16-16-W4 subject to the following conditions: 1. All oil and gas company leases, rights-of--way and Board Orders being carried forward when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. August 18, 2003 Council Page 157 3. The applicant entering into an agreement with the County of Newell for the installation ~' of any required road approaches to the proposed and/or remnant parcels. 4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water, as well as easements. 5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 6. All outstanding municipal taxes being paid prior to endorsement. Carried. d) Land Use Bvlaw and Review Meeting Moved by Councillor Loewen that Administration proceed with setting up meetings for the public consultation process for the new Land Use Bylaw. Carried. The Planner left the meeting at this time. " Lunch Council recessed for lunch from 11:50 a.m. to 1:01 p.m. 16. In Camera - Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Committee Reports (Cont'd) Border Beef Rally This report was given in camera. MPC (cont'd) Planners J. Ramjohn and T. Henry were in attendance for the following item. August 18, 2003 Council Page 158 ~~ Old Items (cont'd) c) Bylaw 1428-03 -Lake Newell Reservoir Resort Area Structure Plan Moved by Councillor Loewen that third reading of Bylaw 1428-03 be lifted from the table. Carried. Vote on third reading. Carried. Councillor Fabian abstained from voting as he was not in attendance at the Public Hearing. The Planners left the meeting at this time. Recess Moved by Councillor Eckert that we recess for the Municipal Committee meeting at 2:00 p.m. Carried. The meeting reconvened at 4:27 p.m. Municipal ~'"' Councillor Harbinson gave this report. One Tree Road Moved by Councillor Harbinson that our share of the funding for the One Tree Road project be taken from the Municipal Reserve. Carried. 17. Information Items 1. AANID&C -County of Newell 50"' Anniversary Plaque 18. Ad1ourn Moved by Councillor Moss that we adjourn at 4:28 p.m. Carried. REEVE ~ ADMINISTRATOR August 18, 2003 Council Page 159 ~` County of Newell No. 4 Minutes of Public Hearing August 18, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Monday, August 18, 2003 commencing at 11:00 a.m. ~~ Members Present Reeve Councillors Administrator Assistant Administrator Planner Development Officer Recording Secretary The Reeve opened the Public Hearing at 11:00 a.m. Three members of the public were in attendance at this hearing. W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson(11:03 am.) E. Moss (11:03 a.m.) M. Loewen A. Eckert A. Pickett C. Baksa A. Martens N. Moriyama T. Henry P. Urban P. Garrett The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1438-03, being a bylaw to amend Land Use Bylaw 1004-90: to amend provisions for Home Occupations; to create provisions for Home Industries; to create definitions for Agricultural Operations and Agricultural Support Services; to delete Farm Subsidiary Occupation provisions; and to make consequential amendments that are required because of the aforementioned amendments. Arrived at Hearing Councillors Harbinson and Moss arrived at the hearing at 11:03 a.m. The Planner gave the background on this land use bylaw amendment. The Reeve informed those present of the procedures that would be followed for this hearing. The Reeve asked if there was anyone wishing to speak in favour of this bylaw. There was no-one wishing to speak in favour of this bylaw. The Reeve asked if there was anyone wishing to speak in opposition of this bylaw. There was no-one wishing to speak in opposition of this bylaw. The Administrator indicated that there were no letters received regarding this bylaw. The Reeve asked if Council had any questions regarding this bylaw. The Reeve asked if definition 3.1 in Section 6 should read "....conducted on agricultural zoned lands for gain....". The Reeve indicated that in Section 6 (j) there is a conflict regarding manure hauling and that clarification is needed. Councillor Musgrove indicated that commercial and non commercial manure hauling need to be addressed. Councillor Vermeeren asked how we deal with non agricultural land. Councillor Loewen indicated that this bylaw could be modified at a later date and felt that re-zoning should not take place unless the applicant intends to take advantage of the change. The Reeve expressed concern regarding the number of employees allowed for a Home Occupation -Major. The Reeve pointed out a numbering problem on page 14. ~" The Reeve asked if Council had any further questions. Councillor Baksa indicated that this amendment needed to be made to the existing land use bylaw as the proposed land use bylaw does not have an urban fringe zone. She also expressed concern regarding referrals. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 11:15 a.m. Carried. ~' ~ 6~1~~~-~G~ REEVE COUNTY ADMINISTRATOR ~^", i'-~