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Home My WebLink About2004-02-05 Council (Regular) Minutes r,., County of Newell No. 4 Minutes of Council Meeting February 5, 2004 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 5, 2004 commencing at 10:03 a.m. ,r- Members Present Reeve Councillors Administrator Assistant Administrator Executive Secretary C. Baksa W. Daniels V. Fabian G. Musgrove C. Vermeeren (10:07 a.m.) J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett A. Martens N. Moriyama K. Weiss 1. Excused from Meeting No members asked to be excused from this meeting. 2. Minutes 1. Council Minutes - Januarv 22, 2004 Minutes of the January 22, 2004 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carved. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of Agenda Moved by Councillor Musgrove that we adopt the agenda as amended. Carried. February 5, 2004 Council Page 24 ~~ 5. Assistant Administrator's Report - The Assistant Administrator presented his report for January to Council. Arrived at Meeting Councillor Vermeeren arrived at the meeting at 10:07 a.m. Moved by Councillor Harbinson that we accept this report. Carried. 6. Administrator's Report The Administrator presented his report for January to Council. Moved by Councillor Moss that we accept this report. Carved. The Reeve presented Muniversity Certificates to Council members who have taken Muniversity courses. 7. Business From Minutes 1. Brooks Museum This item was not lifted from the table. 2. Brooks & District Partners in Tourism - Request for Additional Funding Administration advised that Brooks & District Partners in Tourism will attend the next meeting as a delegation. 3. Dos Control Bylaw Administration advised Council that advertising for input on the Dog Control Bylaw is in place. This will be brought back to the next Council Meeting. February 5, 2004 Council Page 25 ~~ ~,.~ 8. Corresvondence The Communitv Planning Association of Alberta -Alberta Planning Conference 2004 Information regarding the Alberta Planning Conference being held April 5 - 7, 2004 in Red Deer was presented to Council and Councillors wishing to attend stated their. intention of doing so. 2. The Kidney Foundation of Canada -Annual Door to Door Camnai~n A letter from the Kidney Foundation of Canada requesting permission to canvass in the County during their March Annual Residential Door to Door Campaign was presented to Council. Administration was authorized to respond to all such requests. 3. Alberta Municipal Affairs - Finding, Agreement Workshop A letter from Alberta Municipal Affairs advising that Alberta Municipal Affairs and Alberta Agriculture, Food and Rural Development have combined resources to offer the Finding Agreement Workshop was presented to Council. Moved by Councillor Loewen that this be accepted as information. Carried. 4. 831115 Alberta. Ltd. -Request to Waive Tax Penalties A letter from 831115 Alberta Ltd. requesting that their tax penalties for 2003 be waived was presented to Council. Moved by Councillor Daniels that we waive the tax penalty. Defeated. Agricultural Fieldman, Steve Wylie, was in attendance for the following item. Don McLennan -Minister Speller Announces Tax Provisions for Farmers An e-mail from Don McLennan , PFRA, and a News Release from Agriculture and Agri-Food Canada regarding the Livestock Tax Deferral Program for 2003 were presented to Council. Moved by Councillor Eckert that a letter be sent to Agriculture and Agri-Food Canada Minister, Bob Speller, with copies to Alberta Agriculture, Food and Rural Development, the County of Forty Mile and Cypress County, urging that the areas left out of the program, be included. Moved by Councillor Vermeeren that we postpone voting on the motion until after the Public Hearings. Carried. The Agricultural Fieldman left the meeting at this time. February 5, 2004 Council Page 26 G~ Planner, Tammy Henry, and Jamal Ramjohn, from EBA Engineering Consultants Inc., were in attendance for the following items. ~. 9. Public Hearing -South Sector Area Structure Plan Moved by Councillor Vermeeren that we recess for the Public Hearing at 10:30 a.m. Carried. Council reconvened at 10:38 a.m. 10. Bylaw 1452-04 Moved by Councillor Harbinson that Bylaw 1452-04, being a bylaw to adopt the South Sector Area Structure Plan, receive second reading. Moved by Councillor Daniels that Bylaw1452- 04 be amended by moving the truck route such that it crosses the rail line at the north/south road allowance. Vote on the amendment -Carried. Moved by Councillor Vermeeren that we postpone voting on the motion until later in the meeting. Carried. 11. Public Hearing -Highway 542 Area Structure Plan Moved by Councillor Loewen that we recess for the Public Hearing at 10:47 a.m. Carried. _ Council reconvened at 10:55 a.m. 12. Bylaw 1450-04 Moved by Councillor Harbinson that Bylaw 1450-04, being a bylaw to adopt the Highway 542 Area Structure Plan, receive second reading. Carried. Moved by Councillor Daniels that Bylaw 1450-04 receive third and final reading. Moved by Councillor Loewen that Bylaw 1450-04 be amended as follows: - References to the Intermunicipal Development Plan acronym IDP be changed to IMDP. - References to "South Sector ASP" be changed to the Council approved name for this area if varied. - References to "North Sector ASP" be changed to the Council approved name for this area if varied. - References to "Brooks-Duchess Corridor ASP" be changed to the Council approved name for this area if varied. - Page 5, Section 1.5, p), ls` line and 3'~ line, "it's" be changed to "its". - Page 8, Section 2.2, add "Highway Commercial" to the bulleted list. - Figure 2.3, correct the area of the DC district and the area of the Prins MHP district. February 5, 2004 Council Page 27 C`' ~ - Page 16, Section 5.0, 15` Paragraph, 6"' line, change "there" to "their". - Page 16, Section S.b, end of first line, add "and was amended in early 2004". - Page 19, Section S.k, 2nd last line, replace "boundary and the South Plan proposes an additional quarter section" with "boundary and the South Plan proposes an additional two plus quarter sections". - Page 19, Section 5.1, 3rd line, change "plan" to "Plan". - Page 19, add Section S.m to link recently adopted Mar Industrial ASP to Young Road ASP. - Amend Figure 5.1 such that the proposed Highway Commercial District corresponds to that of the One Tree Road Area Structure Plan and to ensure consistency with all other maps and Area Structure Plans. - Page 25, Section 7.2, last paragraph, last line, change "screening landscaping" to "screening using landscaping". - Page 29, Policy 7.3.2, 2nd line, change "area" to "Area". - Page 43, 2nd paragraph, 8d' line, replace "Set backs" with "setbacks". - Page 46, Section 10.2, 2nd sentence, replace entire sentence with "It is the responsibility of the developer to provide proof that the installation of services/utilities have been completed". - Page 47, Policy 10.4.2, last line, change "other" to "another". - Page 49, Section 12.1, ls` paragraph, last line, change "reserves" to "Reserve". - Page 50, Section 12.1, ls` line, change "8.1.4" to "8.1". - Page 53, Section 14.1, 2nd paragraph, ls` line, change "commercial" to "Commercial". - Page 53, 3rd & 4d' paragraphs, and Page 54, 2"d paragraph , 6 `~ line, add references to ~'"' Home Industries". - Page 55, Policy 14.1.5, add reference to Home Industries. - Page 56, Section 15.1, ls` paragraph, correct such that it is the Subdivision Approving Authority and not the Development Authority that has authority over subdivisions. - Page 56, Section 15.3, 2nd line, change "within urban referral area" to "within an Urban Referral Area". Vote on the amendment -Carried. Vote on third and final reading -Carried. Bvlaw 1452-04 (Cont'd.) Moved by Councillor Loewen that Bylaw 1452-04 be amended as follows: - References to "North Sector ASP" be changed to the Council approved name for this area if varied. - References to "Brooks-Duchess Corridor ASP" be changed to the Council approved name for this area if varied. - References to the Intermunicipal Development Plan acronym "IDP" be changed to "IMDP". - Page 4, Section 1.5, p), ls` line and 3rd line, change "it's" to "its". - Page 7, Section 2.3, 3rd paragraph, ls` line, change "commercial" to "Commercial". - Page 16, Section 5.0, 1$` paragraph, 6"' line, "there" should be "their". - Page 16, Section S.b, add to first sentence "and was amended early in 2004". February 5, 2004 Council Page 28 c~' - Page 19, Section S.k, 2 "d last line, replace "quarter section" with "two plus quarter sections". - Page 19, Section 5.1, 3ra line, change "plan" to "Plan". - Page 19, add Section S.m to link recently adopted Mar Industrial ASP to Young Road ASP. - Amend Figure 5.1 such that the proposed Highway Commercial District corresponds to that of the One Tree Road Area Structure Plan and to ensure consistency with all other maps and Area Structure Plans. - Add NE 20-18-14-W4 and other land directed by Council to be proposed Industrial land uses. - Page 27, Policy 7.2.11, last line, delete "and". - Page 30, Section 7.4, 1St paragraph, 3`~ line, add "," after the word "College". - Page 31, Policy 7.4.8, 2"d last line, delete "and". - Page 37, Section 8.1, ls` paragraph, 5`~ line, replace "and" with "an". - Page 37, Section 8.1, 1St paragraph, 6tb line, 1St replace "area" with "Area". - Page 41, Policy 8.3.12, 2"d last line, replace "area structure plan" with "Area Structure Plan". - Page 49, Section 10.2, 2"d sentence, replace entire sentence with "It is the responsibility of the developer to provide proof that the installation of services/utilities have been completed". - Page 50, Policy 10.4.2, last line, replace "other" with "another". - Page 52, Section 12.1, 1St paragraph, last line, replace "reserves" with Reserve". - Page 53, Section 12.1, 1St line, replace "8.1.4" with "8.1 ". _ - Page 57, 2"d and 3`~ paragraph, wherever the word "occupations" occurs, replace it with "Occupations" and add references to Home Industries. - Page 59, Section 15.1, 1St paragraph, correct such that it is the Subdivision Approving Authority and not the Development Authority that has authority over subdivisions. - Page 60, Section 15.3, 2"d line, replace "urban referral area" with "an Urban Referral Area". Vote on the amendment -Carried. Vote on second reading -Carried Moved by Councillor Vermeeren that Bylaw 1452-04 receive third and final reading. Moved by Councillor Daniels that Bylaw 1452-04 be amended by changing the name of the Area Structure Plan from "South Sector Area Structure Plan" to "East Silver Sage Road Area Structure Plan" and that any required consequential amendments be made to the Plan because of the name change. Vote on amendment -Carried. Vote on third reading -Carried. Moved by Councillor Vermeeren that Bylaw 1452-04 receive third and final reading. Carried. 13. Public Hearing -North Sector Area Structure Plan Moved by Councillor Vermeeren that we recess for the Public Hearing at 11:00 a.m. Carried. February 5, 2004 Council Page 29 U~~ Council reconvened at 11:08 a.m. 14. Bylaw 1451-04 Moved by Councillor Moss that Bylaw 1451-04, being a bylaw to adopt the North Sector Area Structure Plan, receive second reading. Moved by Councillor Loewen that Bylaw 1451-04 be amended as follows: - References to the "South Sector" ASP needs be changed to the "East Silver Sage Road Area Structure Plan". - References to the "Brooks-Duchess Corridor ASP" be changed to the Council approved name for this area if varied. - References to the Intermunicipal Development Plan acronym "IDP" be changed to "IMDP". - Page 4, Section 1.5, p), ls` line and 3rd line, replace "it's" with "its". - Page 6, Section 2.1, 2"d paragraph, replace "(formerly Bylaw 1380-02)" with "(Bylaw 1450-04)". - Figure 2.3, Pt. SW 9-19-14-W4, correct existing land use by including missing industrial parcel. - Figure 2.3, amend by correctly labelling CR2 parcels. - Page 13, Section 3.6, 2"d line, replace "Gun Club Road" with "Township 19 Road 2"and amend any other such references in the Area Structure Plan accordingly. - Page 17, Section 5.0, ls` paragraph, 6`~ line, replace "there" with "their". ~"' - Page 17, Section S.b, add to the end of the first sentence "and was amended early in 2004". - Page 20, Section S.k, 2"d last line, replace "quarter section" with "two plus quarter sections". - Page 20, Section 5.1, 3rd line, replace "plan" with "Plan". - Page 20, add Section S.m to link recently adopted Mar Industrial ASP to Young Road ASP. - Amend Figure 5.1 such that the proposed Highway Commercial District corresponds to that of the One Tree Road Area Structure Plan and to ensure consistency with all other maps and Area Structure Plans. - Page 24, Section 7.1, Objective 5, and Page 51, Section 12.2, 3rd paragraph, 1 S` line, replace "interlake" with "Inter Lake". - Page 28, Section 7.3, ls` paragraph, 2"d paragraph, and Objective 2, correct intent with regard to General Commercial (GC). - Page 29, Policy 7.3.8, last line, delete "and". - Page 30, Section 7.4, 15` paragraph, 3rd line, replace "Manufactured Home parks" with "a Manufactured Home Park". - Page 30, Section 7.4, ls` paragraph, last line, replace "park" with "Park". - Page 30, 2"d paragraph, 2"d line, replace "area" with "Area". - Page 31, Policy 7.4.4, replace "park" with "Park". - Page 35, Section 8.1, correct identification of the north boundary of the Plan Area. - Page 36, Section 8.1, 2"d paragraph, 2"d line, replace "plan area" with "Plan Area". February 5, 2004 Council Page 30 Grp - Page 47, Section 10.2, 2°d sentence, replace entire sentence with "It is the responsibility of the developer to provide proof that the installation of services/utilities have been _. completed." - Page 48, Policy 10.4.2, last line, replace "other" with "another". - Page 50, Section 12.1, ls` paragraph, last line, replace "reserves" with "Reserve". - Page 51, Section 12.1, 3'~ line, replace "8.1.4" with "8.1". - Page 54, Section 14.1, 3'~ paragraph, 3'~ line, add "a" after the word "to". - Page 54, 3`~ paragraph, 4~' paragraph, Page 55, and Policy 14.1.4, add references to Home Industries. - Page 57, Section 15.1, lst paragraph, correct such that it is the Subdivision Approving Authority and not the Development Authority that has authority over subdivisions. - Page 58, Section 15.3, 2°d line, replace "the urban referral area" with "an Urban Referral Area". Vote on the amendment -Carried. Moved by Councillor Moss that Bylaw 1451-04 be amended to change the name from "North Sector Area Structure Plan" to the "North of the Town of Brooks Sector Area Structure Plan" Plan" and that any required consequential amendments be made to the Plan because of the name change. Vote on the amendment - Carried. Vote on second reading -Carried. Moved by Councillor Daniels that Bylaw 1451-04 receive third and final reading. Carried. Recess Council recessed from 11:10 a.m. - 11:15 a.m. 15. Public Hearing -Brooks-Duchess Corridor Area Structure Plan Moved by Councillor Vermeeren that we recess for the Public Hearing at 11:15 a.m. Carried. Council reconvened at 11:28 a.m. 16. Bvlaw 1449-04 Moved by Councillor Loewen that Bylaw 1449-04, being a bylaw to adopt the Brooks- Duchess Corridor Area Structure Plan, receive second reading. Moved by Councillor Musgrove that Bylaw 1449-04 be amended to change the name from "Brooks-Duchess Corridor Area Structure Plan to the "John Ware Trail Area Structure Plan"and that any required consequential amendments be made to the Plan because of the name change. Vote on the amendment -Carried. Moved by Councillor Fabian that Bylaw 1449-04 be amended by changing the proposed zoning of the NE 8, NW 9, SW 16 & SE 17-20-14-W4, from commercial to agricultural. Councillor Fabian requested a recorded vote. - ~r February 5, 2004 Council Page 31 G~~ For Division 1 Division 2 Division 4 Division 5 Division 6 Division 9 Councillor Daniels Councillor Fabian Councillor Vermeeren Councillor Harbinson Councillor Moss Councillor Pickett Opposed Division 3 Councillor Musgrove Division 7 Councillor Loewen Division 8 Councillor Eckert Division 10 Councillor Baksa Vote on the motion as amended -Carried. Moved by Councillor Loewen that Bylaw 1449-04 be amended as follows: - Page 3, Section 1.1, #2, replace "542" with "873". - References to the Intermunicipal Development Plan acronym IDP be changed to IMDP. - Page 4, Section 1.5, p), ls` line and 3rd line, replace "it's" with"its". - References to North Sector Area Structure Plan be changed to North of the Town of Brooks Area Structure Plan. - References to the "South Sector ASP" be changed to the East Silver Sage Road Area Structure Plan. - Page 6, Section 2.2, remove references to Light Industrial. ~~ - Page 7, Section 2.3, 2"d line and 6"' line, replace "village" with "Village". - Correct any references to Gun Club Road that pertain to Twp Rd 192. - Page 16, Section 5.0, ls` paragraph, 6t'' line, replace "there" with "their". - Page 16, Section S.b, add to first sentence "and was amended early in 2004". - Page 19, Section S.k, 2nd last line, replace "quarter section" with "two plus quarter sections". - Page 19, Section 5.1, 3rd line, replace"plan" with "Plan". - Page 19, add Section S.m to link recently adopted Mar Industrial ASP to Young Road ASP. - Amend Figure 5.1 such that the proposed Highway Commercial District corresponds to that of the One Tree Road Area Structure Plan and to ensure consistency with all other maps and Area Structure Plans. - Page 24, Policy 7.1.1, ls` line, add "the" after the word "in". - Page 25, Policy 7.1.7, 2nd paragraph, 7`~ line, replace "routs" with "routes". - Page 26, Policy 7.2.2, 3rd line, replace "of' with "or". - Page 26, Policy 7.2.2, 3rd line, replace "conditional" with "conditions". - Page 27, Policy 7.2.7, 4th line, add "a" after the word "of'. - Page 30, Policy 7.3.12, last line, delete "and". - Page 32, Policy 7.4.10, last line, delete "and". - Page 37, Section 8.3, 2nd paragraph, 2"d line, delete "the" before "Figure 8.2.". - Page 38, Policy 8.3.6, add reference to cooperation with the Village of Duchess. - Page 39, Policy 8.3.10, add reference to Village of Duchess standards. - Page 44, 2nd paragraph, 8"' line, replace "Set backs" with "setbacks". ,,..._ February 5, 2004 Council Page 32 G`~ - Page 47, Section 10.2, 2"d sentence, replace entire sentence with "It is the responsibility - of the developer to provide proof that the installation of services/utilities have been ~.- completed." - Page 49, Policy 10.4.2, last line, replace "other" with "another". - Page 51, Section 12.1, ls` paragraph, last line, replace "reserves" with "Reserves". - Page 52, Section 12.1, 2"d line, replace "8.1.4" with "8.1". - Page 53, Section 13.2, Objective 2, replace "commercial" with "commercial and industrial". - Page 55, Section 14.1, ls` paragraph, 7'~' line, replace "this" with "there". - Page 55, Section 14.1, 3'~ paragraph and 4~` paragraph, add references to Home Industries. - Page 56, Policies 14.1.3 and 14.1.4, add references to Home Industries. - Page 57, Section 15.1, lst paragraph, correct such that it is the Subdivision Approving Authority and not the Development Authority that has authority over subdivisions. - Page 58, Section 15.3, ls` line, replace first sentence with "Applications for non- agricultural discretionary developments within Urban Referral Areas (i.e., around the Town of Brooks and Village of Duchess) will be referred to the applicable municipality pursuant to Section 6 of the County's MDP. Vote on the amendment -Carried. Moved by Councillor Eckert that Bylaw 1449-04 be amended to include the MDS for the confined feeding operation located in the SW 33-20-14- W4 and that this MDS be considered in setting the proposed land uses within the MDS. Moved by Councillor Vermeeren that we table this motion. Carried. The Planner and the EBA Consultant left the meeting at this time. Agricultural Fieldman, Steve Wylie, was in attendance for the following item. Correspondence (Cont'd.) Don McLennan -Minister Speller Announces Tax Provisions for Farmers (Cont'd.) Vote on postponed motion which reads: "Moved by Councillor Eckert that a letter be sent to Agriculture and Agri-Food Canada Minister, Bob Speller, with copies to Alberta Agriculture, Food and Rural Development, the County of Forty Mile and Cypress County, urging that the areas left out of the program, be included." Carried. Lunch Council recessed for lunch from 12:03 p.m. - 1:27 p.m. February 5, 2004 Council Page 33 ~! ~• 17. Cheques for Payment Moved by Councillor Daniels that Cheques #14719 - #14723, #14725 - #14763, #14765 - #14800, #14802 - #14823 & #14825 - #14881, in the amount of $932,174.10, and Direct Debit Batch #7649, #7696, #7763 & #7780, in the amount of $70,981.74, be approved. Carried. 18. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Loewen that we move out of camera. Carried. 19. Other Business 1. Recreation Corridors Legislative Review The County submission to the Recreation Corridors Legislative Review dated July 10, 2002 was circulated along with a questionnaire from the Minister of Alberta Community Development. Discussion on this item will be postponed until after the public hearing. ~^ .... Planner, T. Henry, was in attendance for the following item. 20. Public Hearing - Pt. NW 29-20-13-W4 (approx. 0.8 ha) From A- A ricultural District to P-WTS -Public-Waste Transfer Site Moved by Councillor Fabian that we recess for the Public Hearing at 1:45 p.m. Carried. Council reconvened at 1:50 p.m. 21. Bylaw 1448-04 Moved by Councillor Vermeeren that Bylaw 1448-04, being a bylaw to re-designate Pt. NW 29-20-13-W4 (approx. 0.8 ha) from A -Agricultural District to P-WTS -Public-Waste Transfer Site, receive second reading. Carried. Moved by Councillor Fabian that Bylaw 1448-04 receive third and final reading. Carried. %•-~ February 5, 2004 Council Page 34 C~ Councillor Musgrove, who had excused himself for the Public Hearing on Bylaw 1448-04, returned and resumed participation in the meeting. Other Business (Cont'd.) 1. Recreation Corridors Legislative Review (Cont'd.) Moved by Councillor Musgrove that a letter be sent to Alberta Community Development stating our concerns with the recommendations. Carried. 2. Dates for Various Meetings a) Annual Meetins Moved by Councillor Loewen that we circulate documentation as required and that we hold an Open House instead of an Annual Meeting. Carried. Moved by Councillor Daniels that we recess our Council Meeting on Apri122, 2004 from 1:30 p.m. to 3:00 p.m. to hold the Open House. Carried. b) Joint E.I.D. Meetins Moved by Councillor Vermeeren that we suggest the following dates to the Eastern Irrigation District for the Joint County/E.I.D. Meeting: March 22, 23 and April 1, 2004. Carried. c) Joint Town of Brooks Meetins The following dates were suggested for the Joint County/Town Meeting: Apri119, 20, 27 and 29, 2004. d) Joint Municipalities Meeting Moved by Councillor Loewen that the 2004 Joint Municipalities Meeting be held in Tilley. Carried. A date not chosen for the Joint Town of Brooks/County of Newell meeting will be suggested for this meeting. February 5, 2004 Council Page 35 G~ ~ 22. Post Agenda Items 1. Rosemarv Fire Agreement An amended Rosemary Fire Agreement was circulated to Council. Moved by Councillor Loewen that we accept this agreement. Carried. 2. Rosemary Fire Requisition A request from the Rosemary & Rural Fire Committee for an increase in the total fire requisition from $16,000.00 to $22,500.00 was circulated to Council. Moved by Councillor Loewen that we proceed with required advertising to receive input for this request. Carried. Agricultural Fieldman, Steve Wylie, was in attendance for the following item. 3. Pheasants Forever - 2004 Southern Alberta Upland Habitat Symposium The Agricultural Fieldman presented information on the 2004 Southern Alberta Upland Habitat Symposium being held March 25 & 26, 2004 at the Heritage Inn. Moved by Councillor Musgrove that the ASB Chairman and the Fieldman, or their designates, attend this symposium, with permission to set up a display if desired. Carried. i- .... 4. Mariiuana Mogul Offers Free Grow-op Equipment to Beef Producers A copy of a newspaper article regarding an offer to Alberta beef producers for free grow-op equipment was circulated to Council as information. The Agricultural Fieldman left the meeting at this time. 5. Petro-Canada Sewer Dischar¢e into Town of Brooks La~,oon Effluent Outfall Pine Administration gave an up-date to Council on Petro-Canada's proposal to discharge their sewer into the Town of Brooks lagoon effluent outfall pipe. 6. Ambulance Councillor Harbinson advised Council that the contract between the Brooks & District Ambulance Association and Terry Huber has been terminated effective January 29, 2004. .--~ February 5, 2004 Council Page 36 C~ 7. Mill Rate Direction was given to Administration to prepare a report for the next workshop on the effect of melding the Municipal mill rate for residential and farmland properties while, at the same time, collecting an equal amount of taxes. 8. Economic Development Meeting Moved by Councillor Daniels that Les Erickson, of Entrecorp, be invited to attend the Economic Development Meeting as an observer on February 26, 2004. Carried. The Assistant Administrator advised that the Brooks & Bassano Chambers of Commerce have also be invited to attend this meeting and it was noted that they will be there as observers only. 9. 9-1-1 Turn-over This was covered previously in the meeting. 10. Alberta Progressive Conservative Party Convention Reeve Baksa presented information on an Alberta Progressive Conservative Party Convention being held at the Fairmont Banff Springs April 23 - 25, 2004. Moved by Councillor Loewen that we accept this as information. Carried. 11. Town of Brooks -FCM The Reeve presented information sent to us by the Town of Brooks regarding the FCM Friends Care Mission. Moved by Councillor Eckert that this item be referred to the next Workshop. Carried. 12. Emerging Trends in Municipal Law Moved by Councillor Moss that the Administrator, or his designate, attend the Emerging Trends in Municipal Law course, if possible, in Calgary on February 18, 2004. Carried. February 5, 2004 Council Page 37 ~~ ~,., 23. Committee Reports Municipal S.H. 544 - Si~nage The Administrator advised Council that the speed zone signs on Secondary Highway 544 are still up because there are still sharp shoulders on its intersection with the One Tree Road. Newell Foundation No report. Newell Resional Solid Waste Manaeement Authority Councillor Fabian gave this report. The Planner was in attendance for the following items. Municipal Planning Commission ,~-- Reeve 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) Bylaw 1427-03 - Bantry Bav Land Use Amendment This item was not lifted from the table. r^ February 5, 2004 Council Page 38 C~ 2. New Items a) 03 NL 017 - SE 25-18-15-W4, Plan 0312821 Block 1 Lots 7-10 -Division 5 Reinhold Schuett (Owners) Focus Intec (Applicant) Boundarv Adiustrnent of Existine CR Subdivision Moved by Councillor Musgrove that we recommend to the Subdivision Authority approval of Subdivision Application 03 NL 017, to allow for the boundary adjustment of an existing CR subdivision 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 an easement of 9.5 metres to franchise utilities for services to the proposed parcels at the front of the affected lots. The applicant maybe 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. 4. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 5. A declaration as written in the Young Road ASP being signed by the applicant as a condition of approval. 6. The garage on proposed Lot 14 being moved so that it meets the requirements of the County's Land Use Bylaw. 7. All outstanding municipal taxes being paid prior to endorsement. Carried. b) EBA En ing Bering Consultants Ltd. The Administrator presented a request ftom EBA Engineering Consultants Ltd. for additional funding to cover expenses incurred to complete the four Area Structure Plans. Moved by Councillor Musgrove that we pay 50% to a maximum of $3,562.00 to EBA Engineering Consultants Ltd. for the over-expenditure incurred. Carried. c) Amendments to Land Use Bylaw The Planner presented various amendments to Land Use Bylaw 1443-03. Moved by Councillor Vermeeren that first reading be given to Bylaw 1455-04, being a Bylaw to amend Land Use Bylaw 1443-03 as follows: 1. Page 1, Section 1, by deleting: "...present..." and replacing with "...Present...". 2. Page 31, Section 19(1), by deleting: "...structures or buildings do not require..." and replacing with: "...structures, buildings and/or uses do not require...". 3. Page 61, Section 66(2)(a), by deleting: "...project a distance not exceeding on half...." and replacing with: "... project a distance not exceeding one half...". 4. Page 54, Section 55(2), by deleting: "...that is to be replace must be...": and replacing with: "...that is to be replaced must be..." 5. Revise the Legend for the Land Use Districts to add Public Service (PS). February 5, 2004 Council Page 39 C:~ 6. Division 1, Rolling Hills Plan Index, correction of which parcels are part of Plan 8211670. 7. Division 1, Rolling Hills Plan Index, correction of which parcels are part of Plan 9810490. 8. Pt. N %2 13-20-13-W4 (Plan 1217B.A.), change the zoning from Agricultural to Hamlet Industrial. 9. Pt. NE 19-15-15-W4 (Plan 8210126, Block 1, Lot 5), change the zoning from Hamlet Commercial to Hamlet Industrial. 10. Pt. NE 19-15-15-W4 (Plan 7811389, Block 3, Lot U-3), change the zoning from Public Semi-Public Open Space to Public Service. 11. Pt. NE 19-15-15-W4 (Plan 8210822, Block 2, Lot 24 PUL), change the zoning from Public Semi-Public Open Space to Public Service. 12. Pt. S W 25-16-16-W4 (COT 741091960), change the zoning from Agricultural to Hamlet Residential. 13. Pt. SW 20-20-14-W4 (Plan 3703 J.K., Parcel B), change the zoning from Country Residential to Agricultural. 14. Correction on Division 8 Location Map Number 14. Should be located N %2 31-20-14- W4and should be renumbered to Number 13 on the Location Map and Division 8, Sheet 3. 15. Correction on Division 8 Location Map Number 13. Should be renumbered to Number 12 on Location Map and Division 8, Sheet 3. 16. Pt. E %2 36-20-15-W4, change the zoning from Agricultural to Country Residential. 17. Addition of Plan 9910983 to Division 8, Sheet 2, Number 9. ,~- 18. Pt. SW 9-19-14-W4, change the zoning from Agricultural to Industrial. 19. Addition of Plans 0010962 and 0214002 to Division 10, Sheet 2, Number 9. 20. Pt. S %2 11-19-14-W4 (Plan 6866 J.K., Block A), change the zoning from Country Residential to Rural Residential. Carried. The Planner left the meeting at this time. Palliser Economic Partnership Councillor Daniels gave this report. Reeional Services Councillor Musgrove gave this report. Agricultural Fieldman, Steve Wylie, was in attendance for the following item. February 5, 2004 Council Page 40 C;J'O Eat Canadian Campaign Committee A resolution and background information were circulated regarding the Eat Canadian Campaign, along with a memo from AdFarm setting out a "ballpark" budget to complete a test project in Brooks and Lethbridge markets. Councillor Pickett left the meeting at 3:16 p.m. Moved by Councillor Loewen that we submit the Eat Canadian Campaign Resolution to the AAMD&C for the Spring Convention. Councillor Daniels requested a recorded vote. For Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 7 Councillor Loewen Division 10 Councillor Baksa Opposed Division 1 Councillor Daniels Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 8 Councillor Eckert Absent Division 9 Councillor Pickett Carried. Moved by Councillor Moss that we contribute to the test project up to a maximum of $20,000.00, provided the resolution is passed through the AAMD&C Spring Convention. Councillor Harbinson requested a recorded vote. For Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 7 Councillor Loewen Division 10 Councillor Baksa Opposed Division 1 Councillor Daniels Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 8 Councillor Eckert Absent Division 9 Councillor Pickett Carried. February 5, 2004 Council Page 41 The Agricultural Fieldman left the meeting at this time. ,Y- 26. Ouestion Period/Notice of Motion A question period was held. 27. Information Items 1. The Medicine Hat College Foundation -Thank You for Donation 28. Ad~ourn Moved by Councillor Musgrove that the meeting adjourn at 3:41 p.m. Carried. C Bc~c,~, REEVE C~~ ADMINISTRATOR February 5, 2004 Council Page 42 G~ County of Newell No. 4 Minutes of Public Hearing February 5, 2004 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 5, 2004 commencing at 1:45 p.m. r Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Planner T. Henry Executive Secretary K. Weiss The Reeve opened the Public Hearing at 1:45 a.m. Councillor Musgrove excused himself from the Public Hearing and left the Council Chambers. The applicant, Ray Juska, of Newell Regional Solid Waste Management Authority, was in attendance. No members of the public were in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1448-04,being abylaw to re-designate Pt. NW 29-20-13-W4 (approx. 0.8 ha) from A -Agricultural District to P-WTS -Public-Waste. Transfer Site. The Planner gave the background on this application. As there were no members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. The applicant was given the opportunity to speak on the issue. Council was given the opportunity to ask questions of the Planner. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 1:50 p.m. Carried. C C3c~~ ~~ REEVE COUNTY ADMINISTRATOR C~ ~^ County of Newell No. 4 Minutes of Public Hearing February 5, 2004 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 5, 2004 commencing at 11:15 a.m. ,~-~- Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Planner T. Henry EBA J. Ramjohn Executive Secretary K. Weiss The Reeve opened the Public Hearing at 11:15 a.m. One member of the public was in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1449-04, being a bylaw to adopt a new area structure plan to be known as the Brooks-Duchess Corridor Area Structure Plan. Jamal Ramjohn gave the background on this application. The Planner gave comments and advised of minor modifications that should be incorporated into the Area Structure Plan. As there were no new members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. .- Members of the public were given the opportunity to ask questions. There were no members of the public wishing to speak. Council was given the opportunity to ask questions of the Planner. The Reeve asked if any members of the public wished to speak in opposition of the bylaw. There was no one wishing to speak in opposition to the bylaw. There being no further discussion, it was moved by Councillor Moss that the Public Hearing adjourn at 11:28 a.m. Carried. ~~~ REEVE L~~-CC7"-~r ,L~ COUNTY ADMINISTRATOR C~ County of Newell No. 4 Minutes of Public Hearing February S, 2004 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 5, 2004 commencing at 11:00 a.m. Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Planner T. Henry EBA J. Ramjohn Executive Secretary K. Weiss The Reeve opened the Public Hearing at 11:00 a.m. One member of the public was in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1451-04, being a bylaw to adopt a new area structure plan to be known as the North Sector Area Structure Plan. Jamal Ramjohn gave the background on this application and the Planner gave comments on minor modifications that are required. As there were no new members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. Members of the public were given the opportunity to speak. There were no members of the _. public wishing to speak. Council was given the opportunity to ask questions of the Planner. The Reeve asked if any members of the public wished to speak in opposition of the bylaw. There was no one wishing to speak in opposition to the bylaw. There being no further discussion, it was moved by Councillor Moss that the Public Hearing adjourn at 11:08 a.m. Carried. C6c~rxti REEVE i~iw, ~/~ COUNTY ADMINISTRATOR C~ County of Newell No. 4 Minutes of Public Hearing February 5, 2004 A Public Hearing of the County of Newell No. 4 was held in the. County Office at Brooks, AB on Thursday, February 5, 2004 commencing at 10:47 a.m. Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Planner T. Henry EBA J. Ramjohn Executive Secretary K. Weiss The Reeve opened the Public Hearing at 10:47 a.m. One member of the public was in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1450-04, being a bylaw to adopt a new area structure plan to be known as the Highway 542 Area Structure Plan. Jamal Ramjohn gave the background on this application and the Planner advised that minor amendments and modifications to the maps are required. As there were no new members of the public in attendance, the Reeve did not review the procedures that would be followed for the hearing. Members of the public were given the opportunity to speak. There were no members of the public wishing to speak. Council was given the opportunity to ask questions of the Planner. The Reeve asked if any members of the public wished to speak in opposition of the bylaw. There was no one wishing to speak in opposition to the bylaw. There being no further discussion, it was moved by Councillor Musgrove that the Public Hearing adjourn at 10:55 a.m. Carried. ~gQ~~ REEVE ~-~~~~ COUNTY ADMINISTRATOR r^ County of Newell No. 4 Minutes of Public Hearing February 5, 2004 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 5, 2004 commencing at 10:30 a.m. Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Planner T. Henry EBA J. Ramjohn Executive Secretary K. Weiss The Reeve opened the Public Hearing at 10:30 a.m. One member of the public was in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1452-04, being a bylaw to adopt a new area structure plan to be known as the South Sector Area Structure Plan. Jamal Ramjohn gave the background on this application and the Planner also commented on the Area Structure Plan. The Reeve advised those present of the procedures that would be followed for the hearing. ,~-- The Reeve asked the Planner if she had anything further to add. The Planner advised that any amendments required were very minor. _. Members of the public were given the opportunity to speak. There were no members of the public wishing to speak. Council was given the opportunity to ask questions of the Planner. The Reeve asked if there were any further questions for Mr. Ramj ohn or the Planner. There were no further questions. There being no further discussion, it was moved by Councillor Harbinson that the Public Hearing adjourn at 10:38 a.m. Carried. C,~~~L REEVE ~~~~~ COUNTY ADMINISTRATOR