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Home My WebLink About2003-05-08 Council (Regular) Minutesf County of Newell No. 4 Minutes of Council Meeting May 8, 2003 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 8, 2003 commencing at 10:00 a.m. Members Present 1. Excused from Meeting Reeve Councillors Assistant Administrator Recording Secretary W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson (10:49 a.m.) E. Moss M. Loewen A. Eckert C. Baksa N. Moriyama P. Garrett Moved by Councillor Moss that Councillor Pickett be excused from this meeting. Carried. 2. Minutes 1. Council Minutes - Apri124, 2003 ~~~~~~ Minutes of the Apri124, 2003 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carried. 2. Public Hearing - Apri124, 2003 Minutes of the April 24, 2003 Public Hearing 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. May 8, 2003 Council Page 89 4. Adoption of A eg nda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. 5. Business from Minutes 1. Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC -Division 5 Applicant: Bigelow, Dean -Owner: 985778 Alberta Ltd. This item was not lifted from the table. 2. Bvlaw 1425-03 -Unauthorized Development on Roads Moved by Councillor Vermeeren that Bylaw 1425-03, being a bylaw for the purpose of controlling and managing all unauthorized development, uses or damage on roads within the County of Newell, receive third and final reading. Carried. 6. Correspondence 1. County Community Band -Request for Financial Assistance A letter from County Community Band, requesting financial assistance for the purchase of equipment, was presented to Council. Moved by Councillor Loewen that we deny this request. ~~ ~ Carried. 7. Cheques for Pavment/Direct Debit Re ig•s Moved by Councillor Moss that Cheques # 12809 - # 12821, # 12822, # 12823, # 12825 - # 12936, #12937, #12938, and #12940 - #13030 in the amount of $1,317,146.28 and Direct Debit Register Batches #6794, #6817, #6836, #6856 and #6882 in the amount of $66,236.57, be approved for payment. Carried. 8. Other Business There were no Other Business items. May 8, 2003 Council Page 90 -- 9. Post Agenda Items 1. 2003 Municipal Sponsorship Program The Assistant Administrator circulated information on the 2003 Municipal Sponsorship Program to Council. Moved by Councillor Vermeeren that we approve the application for the 2003 Municipal Sponsorship Program -Basic Grant in the amount of $17,842.50 for the replacement of the Administration telephone system. Carried. Administration was directed to contact the Villages and Towns within County boundaries to see if they have any ideas for joint municipal projects that may be eligible for the Enhancement Grant. 2. Cancellation of Gordon Kay Deleeation Administration informed Council that Mr. Kay would not be attending this meeting. Planner T. Henry was in attendance for the following items. 3. Lake Newell Reservoir Resort -Area Structure Plan The Planner asked for clarification on questions that arose from the Open House for the Lake ~.- Newell Reservoir Resort Area Structure Plan. 10. Public Hearing - SW 5-18-14-W4 -Division 5 Bantry Bay - From A - Agricultural District to MHP -Mobile Home Park ~~~ ~~ Moved by Councillor Musgrove that we recess for the Public Hearing at 10:30 a.m. Carried. Council reconvened at 11:15 a.m. Arrived at Meeting Councillor Harbinson arrived at the meeting at 10:49 a.m. 11. Public Hearing - Pt. SE 30-18-14-W4 -Division 5 Sewall, Bill - LI -Light Industrial District to DC -Direct Control District Moved by Councillor Loewen that we recess for the Public Hearing at 11:15 a.m. Carried. May 8, 2003 Council Page 91 12 13 ~~~~ Bylaw 1429-03 Moved by Councillor Vermeeren that Bylaw 1429-03, being a bylaw to re-designate a portion of the SE 30-18-14-W4 from LI -Light Industrial District to DC -Direct Control District receive second reading. Carried. Moved by Councillor Moss that Bylaw 1429-03 receive third and final reading. Carried. The Planner left the meeting at this time. Delegation -RCMP S/Sgt. Ray Noble of the Brooks Detachment and Cst. Pete Thompson of the Bassano Detachment were in attendance to present the quarterly reports for their respective detachments. Lunch Council recessed for lunch from 12:06 p.m. to 1:35 p.m. 14. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Musgrove that we move out of camera. Carried. As the County of Newell will be holding their 50`h Anniversary Celebration at the Silver Sage Arena on August 22, 2003 concern was expressed that, should we receive rain prior to or during the day of the celebration, there could be problems with parking at the arena site. Moved by Councillor Baksa that we approve Silver Sage Arena yards works to be undertaken by our Public Works Department as discussed in an amount up to $5,000 funded from Municipal Reserve. Carried. Planner T. Henry was in attendance for the following items. May 8, 2003 Council Page 92 -- 15. Bvlaw 1427-03 - Bantry Bav Land Use Amendment Moved by Councillor Loewen that Bylaw 1427-03, being a bylaw to re-designate a portion of the SW 5-18-14-W4 from A -Agricultural District to MHP -Mobile Home Park District receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1427-03 receive third and final reading. Moved by Councillor Moss that we table this motion. Carried. It was the consensus of Council that, prior to third reading, the applicant be required to: provide a plan of survey showing the boundary of the proposed area clearly delineating internal lot lines and including, if possible, where structures are situated on the site; apply for a mobile home development permit; and supply the County with a list of tenants and their mailing addresses. The County will hold an open house for the proposed development to inform the residents of the proposal and how it will affect them. 16. Committee Reports Municipal --- 1. Emergency Generator Moved by Councillor Loewen that we proceed with the purchase and installation of an emergency generator and ancillary structure and that costs over the amount budgeted be funded from the Municipal Surplus Reserve. Carried. Bylaw 1434-03 -Speed Control Moved by Councillor Vermeeren that Bylaw 1434-03, being a bylaw to set various speed limits within the County of Newell, receive first reading. Carried. Moved by Councillor Harbinson that Bylaw 1434-03 receive second reading. Moved by Councillor Vermeeren that Bylaw 1434-03 be amended such that item 5 be changed from 8:30 to 8:00. Vote on amendment. Carried. Vote on second reading as amended. Carried. Moved by Councillor Baksa that consent be given to proceed with third and final reading of Bylaw 1434-03. Carried Unanimously. Moved by Councillor Moss that Bylaw 1434-03 receive third and final reading. Carried. May 8, 2003 Council Page 93 Municipal Planning Commission Councillor Baksa gave this report. 03 NL 004 -Plan 5280 FK, Block 6, Lot 6 (SE 6-15-13-W4) Hanke. Kathleen -Subdivision of Existing Lot -Division I Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 03 NL 004 to subdivide the existing Plan 5280 FK, Block 6, Lot 6 (within the SE 6-15-13-W4) 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 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. All outstanding municipal taxes being paid prior to the endorsement. Carried. .... ,C..~ ' 2. Review of Area Structure Plan Proposals Moved by Councillor Baksa that we contract EBA Engineering for the preparation of the 3 area structure plans and that we negotiate with EBA to include the portions of the N %i 30 and the S '/z 31-18-14 -W4 within the County and that portion of the NW 31-18-14-W4 south of the railway tracks. Carried. Excused from Meeting Councillor Baksa excused herself from the remainder of the meeting at 2:12 p.m. Lake Newell Reservoir Resort -Area Structure Plan (con't) The Planner asked for direction on changing a portion of the proposed area structure plan from RR2 to RR 1. The Planner left the meeting at this time. Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. May 8, 2003 Council Page 94 .- F.C.S.S. Board Councillor Loewen gave this report. 1. The Samaritans -Funding Request Moved by Councillor Loewen that we allocate $1,000.00 to The Samaritans for 2003 with funds coming from FCSS Conditional Funding. Carried. 2. Tilley School -Funding Request Moved by Councillor Loewen that we allocate $2,000.00 for 2003 to the Tilley School for sponsorship toward sending students to the REDA Cooperative Youth Program with funds to come from FCSS Conditional Funding. Carried. 50`h Anniversary Committee Councillor Musgrove gave this report. Annual Meeting 1. Pursuit of County-Wide Dog Control B~aw A discussion was held on whether or not the County should implement acounty-wide dog control bylaw. ~~~1 .... Administrator's Report The Administrator's Report was presented to Council. Assistant Administrator's Report The Assistant Administrator presented his report to Council. 17. Question Period /Notice of Motion A question period was held. May 8, 2003 Council Page 95 18. Information Items There were no Information Items. 19. Adjourn Moved by Councillor Harbinson that we adjourn at 3:08 p.m. Carried. REEV ADMINISTRATOR May 8, 2003 Council Page 96 County of Newell No. 4 Minutes of Public Hearing May 8, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 8, 2003 commencing at 11:18 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert C. Baksa Assistant Administrator N. Moriyama Planner T. Henry Development Officer P. Urban Recording Secretary P. Garrett The Reeve opened the Public Hearing at 11:18 a.m. Applicant Bill Sewall was in attendance for this hearing. ~°~~ .... L The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1429-03, being a bylaw to re-designate a portion of the SE 30-18- 14-W4 from LI -Light Industrial District to DC -Direct Control District. The Planner gave the background on this application. The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked if the applicant wanted to present support for this land use amendment application. Applicant Bill Sewall spoke in support of the amendment indicating that wanted to ensure that the parcel he is in the process of subdividing is all zoned the same. ~-- Council was given the opportunity to ask questions of the applicant. Councillor Fabian asked Mr. Sewall if he was planning to consolidate the two direct control districts into one direct control district. Councillor Baksa also asked if it would be consolidated into one parcel with direct control zoning. Councillor Baksa asked if the current direct control zoning has caused him any problems. Councillor Loewen asked why the applicant was asking for direct control rather than light industrial zoning. Councillor Vermeeren asked at what point land would be set aside for a service road. 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 applicant was given the opportunity to present further information. The applicant had no further information to present. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 11:24 a.m. Carried. Q ~L.~T_.r,.t~ REE COUNTY ADMIlVISTRATOR County of Newell No. 4 Minutes of Public Hearing May 8, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 8, 2003 commencing at 10:30 a.m. Members Present Reeve Councillors Assistant Administrator Planner Development Officer Recording Secretary W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson (10:49 a.m) E. Moss M. Loewen A. Eckert C. Baksa N. Moriyama T. Henry P. Urban P. Garrett The Reeve opened the Public Hearing at 11:00 a.m. 18 members of the public were in attendance for this heanng. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1427-03, being a bylaw to re-designate a portion of the SW 5-18- 14-W4 from A -Agricultural District to MHP -Mobile Home Park District. The Planner gave the background on this application. She indicated that the Eastern Irrigation District expressed concern regarding the use of their land to access lots in this development but, with consultation between Janet Mapes & Robert Matoba, all E.I.D. concerns were addressed. There was an additional concern that the improper disposal of gray water may pose contamination issues. The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked if the applicant wanted to present support for this land use amendment application. The applicant was not it attendance at this hearing. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. Developer Dennis Blain spoke in favour of the bylaw indicating that consideration should be given to this development, along with his proposed development, being connected to the proposed sewage line to the Town of Brooks. He also indicated that an area structure plan should be considered for this area. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. Adjacent Landowner Gary Smith spoke in favour of the bylaw indicating that this development has been in existence for quite some time and it would be a shame to tell people that they have to move. He indicated that he supported the application and that the County needs to find a way to help ensure this development continues. Arrived at Hearin Councillor Harbinson arrived at the meeting at 10:49 a.m. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. ~ ~,l~, Developer Hawad Jurgen spoke in favour of the bylaw indicating that there may be G~:~"~ environmental concerns and this application would allow the County to ensure that these concerns are addressed. He also indicated that sewage systems should be a big concern and should be connected to the proposed sewage line to the Town of Brooks. 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. Council was given the opportunity to question those people in favour of the bylaw. Council had no questions for those people in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Mobile home owner Ned Wilkerson spoke in opposition to the bylaw indicating that the bylaw was unnecessary for the following reasons: - the development should be covered by a grandfather clause; - sewage & water should not be a concern as there have been no problems in the past; - the Health Department has inspected this azea in the past with no problems; ,.~. - the roads should not be a concern to anyone as they are on private property, and - developers want to push for water & sewer so they can have more development. Mr. Wilkerson expressed concern that the reason for re-zoning would be to get rid of the people there already and wanted to know what would happen to the people already residing in the subject area. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Residence Owner Mike Callahagn indicated that he was not necessarily opposed to the bylaw but that he wanted clarification on what was being developed and what was being proposed. He indicated the following: - although there are some non-conforming septic fields, most work fine; - the pipe to the canal was installed by the Eastern Irrigation District for drainage; - property lines may not be defined but the residents work out the problems amongst themselves; - road problems are worked out amongst the residents; - concern regarding the difference in tax rates between Agricultural and Residential; - the importance of keeping developments separate; - that, as a community, he know more people at this location that in Calgary where he lives full-time; and - that he would support development that works for the owners of the residences. The Reeve asked the Planner for clarification on grandfathering and asked Councillor Baksa about roads and defined lots within a mobile home park. Councillor Musgrove asked if the subject property had only one land owner. Councillor Baksa stated that taxes are based on use not on zoning. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Resident Gwen Martel asked for clarification on what the Planner stated regarding: if homes burn down that they would not be able to replace them. The Planner explained this and stated what we are trying to accomplish with this bylaw is to make the existing structures conform to our Land Use Bylaw. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Resident Heather Smith expressed concern that more mobile homes could bemoved-in if this area was re-zone and indicated that she would not like to see that happen. She also asked if there would be a change to the road maintenance if this bylaw was passed. Developer Dennis Blain asked the zoning of an adjacent parcel of land and the Reeve stated that this hearing was to deal only with the proposed parcel of land. The Reeve asked if there was anyone else wishing to speak in opposition of the bylaw. Resident Randy Baynham indicated that he was not necessarily opposed to the bylaw but asked if they would be allowed to replace their mobile home with houses. He also wanted to know if houses would be permitted on the vacant land. Mr. Baynham expressed concern regarding the possible cost of water and sewer for the development. Although he felt that residents would like to improve their residences, he would not like to be forced to sell because of increased costs. 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 to the bylaw. Council was given the opportunity to asked question of those people opposed to the bylaw. Councillor Musgrove asked if each dwelling had its own sewer system and the size of the lots. The Planner indicated that the minimum lot size requirement for a private septic system is .45 ac. The applicant was not in attendance to be given the opportunity to present further information. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 11:15 a.m. Carried. ~ ~-x~~ REE ~~~ /`7aTSE~-. COUNTY ADMIlVISTRATOR