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HomeMy WebLinkAbout2005-01-06 Council (Regular) MinutesCOUNTY OF NEWELL NO. 4 _.-_ MINUTES OF COUNCIL MEETING JANUARY 6, 2005 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, January 6, 2005 commencing at 10:05 a.m. MEMBERS PRESENT Reeve M. Douglass Councillors W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke Administrator A. Martens Assistant Administrator N. Moriyama Administrative Assistant S. Yokoyama ~-- 1. EXCUSED FROM MEETING All members were in attendance at this meeting. 2. MINUTES Council Minutes -December 9, 2004 Minutes of the December 9, 2004 Council meeting were presented. C-01/05 MOVED by Councillor Schroeder that we adopt the minutes as amended. CARRIED. 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-02/05 MOVED by Councillor Philipsen that we adopt the agenda as amended. ,-- CARRIED. ~~~~ 5. ASSISTANT ADMINISTRATOR'S REPORT The Assistant Administrator presented his report for December to Council. C-03/05 MOVED by Councillor Schroeder that we accept this report. CARRIED. 6. ADMINISTRATOR'S REPORT The Administrator presented his report for December to Council. C-04/05 MOVED by Councillor Eastman that we accept this report. CARRIED. 7. BUSINESS FROM MINUTES 1. Village of Duchess -Landfill Reclamation Cost Sharing This item was not lifted from the table. 2. Newell Community Action Group C-05/05 MOVED by Councillor Vermeeren that the following motion be lifted from the table: "MOVED by Councillor Vermeeren that the County contribute $15,000.00, in 2005, to the Newell Community Action Group for the building of a new Community Service Centre. "CARRIED. C-06/05 MOVED by Councillor Eckert that the motion be tabled. CARRIED. Council requested administration to invite a representative from the Newell Community Action Group to make another presentation on their funding request. `.I~^l~ January 6, 2005 Council Page 2 8. CORRESPONDENCE r-- e-- 1. Foothills Little Bow Municipal Association (ELBA) - Request for Agenda Items A memo was presented to Council from the Foothills Little Bow Municipal Association (ELBA), requesting agenda items for the January 21, 2005 meeting to be held at Sven Erickson's in Lethbridge at 10:00 a.m. Council requested that a resolution on remediation of contaminated sites be added to the agenda. 2. Bassano Agricultural Society -Centennial Grant Application A letter was presented to Council, from the Bassano Agricultural Society, changing the 2005 Centennial funding to the Bassano Swimming Pool Upgrade project. This letter was to replace the original request from the Town of Bassano. 3. Federation of Canadian Municipalities (ECM) - 68th Annual Conference & Municipal Expo An information package was presented to Council, from the Federation of Canadian Municipalities (ECM), on the 68th Annual Conference & Municipal Expo to be held from June 3rd to 6th, 2005 in St. John's. Attendance at the conference will be decided once the registration information is received. 4. Alberta Minister of Environment - Underground Petroleum Storage Tank (PST) Remediation Program A letter was presented to Council, from the Alberta Minister of Environment, in response to Council's concerns about the need for financial assistance for underground tank removals. Recess Council recessed from 10:59 a.m. to 11:05 a.m. January 6, 2005 ~ Council Page 3 10. PUBLIC HEARINGS County Planner, Tammy Henry, was in attendance at the meeting and arrived at 11:05 a.m. The following people were in attendance at the meeting and arrived at 11:05 a.m.: • Wes MacLeod - Greystone Environmental Consultants Inc./CCS Energy Services • Paul Kaethler -CCS Energy Services • Karen Myrheim -CCS Energy Services 1. #03 LUA 003 - Pt. SW 5-18-14-W4 A -Agricultural District to DC -Direct Control District Reeve Douglass called the Public Hearing to order at 11:06 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1494-04, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. SW 5-18-14-W4 from A -Agricultural District to DC -Direct Control District. The Planner gave the background on this application. Reeve Douglass reviewed the procedures that would be followed for the hearing. Council was given the opportunity to ask questions of the Planner. There were no questions. Reeve Douglass declared that the Public Hearing be adjourned at 11:10 a.m. 2. #04 LUA 026 - Pt. S '/z 19-19-14-W4 A -Agricultural District to AI -Agricultural Industrial District Reeve Douglass called the Public Hearing to order at 11:10 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1492-04, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. S '/z 19-19-14-W4 from A -Agricultural _ District to AI -Agricultural Industrial District. January 6, 2005 Council Page 4 The Planner gave the background on this application. Council was given the opportunity to ask questions of the Planner. It was questioned whether approval of this application would impede residents in the area. Administration advised that this application was simply to legalize existing structures at the site. Reeve Douglass declared that the Public Hearing be adjourned at 11:20 a.m. 3. #04 LUA 027 - Pt. NW 16-18-13-W4 A -Agricultural District to I -Industrial District Reeve Douglass called the Public Hearing to order at 11:21 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1493-04, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. NW 16-18-13-W4 from A -Agricultural District to I -Industrial District. The Planner gave the background on this application. Council was given the opportunity to ask questions of the Planner. Representatives from CCS Energy provided an overview of the services provided by their company, and distributed an information package on these services. Council asked the following questions: • Would CCS provide dust control on the roads to their site? The Planner advised that the Land Use Bylaw provides for the provision of dust control at the development approval stage. • Access to the site from Highway #1 was discussed. CCS advised they are currently working with AB Transportation for approval of an access road off of the Trans Canada Highway #1. Reeve Douglass declared that the Public Hearing be adjourned at 11:42 a.m. ,-- January 6, 2005 Council Page 5 11. BYLAWS 1. Bylaw #1494-04 -File #03 LUA 003 C-07/05 MOVED by Councillor Vermeeren that Bylaw #1494-04, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. SW 5-18-14-W4 from A -Agricultural District to DC - Direct Control District, receive second reading. CARRIED. C-08/05 MOVED by Councillor Wutzke that Bylaw #1494-04, receive third and final reading. CARRIED. 2. flaw #1492-04 -File #04 LUA 026 C-09/05 MOVED by Councillor Vermeeren that Bylaw #1492-04, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. S 'h 19-19-14-W4 from A -Agricultural District to AI -Agricultural Industrial District, receive second reading. CARRIED. C-10/05 MOVED by Councillor Wutzke that Bylaw #1492-04, receive third and final reading. CARRIED. 3. flaw #1493-04 -File #04 LUA 027 C-11/05 MOVED by Councillor Vermeeren that Bylaw #1493-04, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. NW 16-18-13-W4 from A -Agricultural District to I -Industrial District, receive second reading. CARRIED. C-12/05 MOVED by Councillor Daniels that Bylaw #1493-04, receive third and final reading. CARRIED. County Planner, Tammy Henry, Wes MacLeod, Paul Kaethler & Karen Myrheim, left the meeting at 11:45 a.m. ~~ January 6, 2005 Council Page 6 9. OTHER BUSINESS 1. Division 6 Recreation Board -Request for Requisition Increase Division 6 Recreation Board has requested a requisition increase from $16,825 to $25,000. A copy of the notice that has been advertised for two weeks in both the Brooks Bulletin, the Bassano Times and mailed to all ratepayers in Division 6 was presented to Council. Any comments received will be reported at the January 20th Council meeting. 2. Borrowing Bylaw #1495-05 C-13/05 MOVED by Councillor Daniels that Bylaw #1495-05, being a bylaw to provide for the borrowing for the purpose of financing operating expenditures, receive first reading. CARRIED. C-14/05 MOVED by Councillor Eckert that Bylaw #1495-05, receive second reading. CARRIED. C-15/05 MOVED by Councillor Vermeeren that consent be given to proceed with third and final reading of Bylaw #1495-05. CARRIED UNANIMOUSLY. ,~-~ ... . C-16/05 MOVED by Councillor Wutzke that Bylaw #1495-05, receive third and final reading. CARRIED. 3. E.I.D. Historical Park -Request for Museum Funding A letter was presented to Council, from the Eastern Irrigation District (EID) Historical Park, requesting $5,000.00 to assist with the cost of insurance and summer student expenses. C-17/05 MOVED by Councillor Vermeeren that funding in the amount of $5,000.00 be donated to the Eastern Irrigation District (EID) Historical Park in 2005. C-18/05 MOVED by Councillor Eckert that we amend the motion by changing ~~$5,000.00" to state ~~$4,000.00." Councillor Vermeeren requested a recorded vote on the amendment. January 6, 2005 ~~-~~ Council Page 7 For: Division 3 Councillor Philipsen Division 5 Councillor Nesbitt Division 8 Councillor Eckert Against: Division 1 Division 2 Division 4 Division 6 Division 7 Division 9 Division 10 DEFEATED. Councillor Daniels Councillor Schroeder Councillor Vermeeren Councillor Evans Councillor Eastman Reeve Douglass Councillor Wutzke Vote on motion -CARRIED. Parameters for future funding requests will be added to the next Council Workshop Agenda. LUNCH Council recessed for lunch from 12:10 p.m. - 1:00 p.m. 12. TREASURER'S REPORT -NOVEMBER. 2004 C-19/05 MOVED by Councillor Evans that the Treasurer's Report for November 2004 be accepted. CARRIED. 13. POST AGENDA ITEMS 1. Alberta Municipal Affairs -Roles & Responsibilities Workshop 2005 A brochure on the Council Roles and Responsibilities Workshop was circulated to Council for review. C-20/05 MOVED by Councillor Nesbitt that Council members be authorized to attend one of the Council Roles and Responsibilities Workshops if they choose, and that expenses be paid as per County Policy. CARRIED. January 6, 2005 Council /~\ ( Page 8 <__~'V " Administration was requested to research the possibility of holding this ,,.-~ workshop in Brooks before registering Council members. Excused From Meeting Councillor Nesbitt excused herself from the remainder of the meeting at 1:11 p.m. 2. Members-at-Large Policx This item will be placed on the February Workshop agenda. 3. Cvpress County -Foothills Little Bow Municipal Association - Reorganization Council reviewed a letter from Cypress County regarding the reorganization of the Foothills Little Bow Municipal Association. This item will be discussed further at the next Foothills Little Bow meeting to be held on January 21, 2005. ,-- 14. COMMITTEE REPORTS Municipal Council discussed roads that are banned during the winter season. The Road Ban Committee will review this concern and make a decision regarding winter road bans. A.S.B. The next ASB meting is scheduled for January 11, 2005. The afternoon portion of the meeting is being held at the Heritage Inn with industry representatives. Agriculture Pest Act/Weed Control Act Appeal Committee No report. January 6, 2005 Council `~-%~~ Page 9 Newell Foundation The board is hosting an appreciation dinner for the staff at the Newbrook Lodge. Heating problems, misuse of parking spots and phone concerns -~ were also noted. Salary Negotiating Committee The committee will meet on January 24, 2005. A meeting with CUPE has been scheduled for January 31, 2005. Assessment Review Board No report. Airport Commission No report. Disaster Services The Newell Regional Emergency Plan is currently being updated. Municipal Library Board No report. Shortgrass Library Board The Finance Committee will be meeting on January 19, 2005. Foothills Little Bow Association The next meeting will be held on January 21, 2005. Municipal Budget Committee No report. January 6, 2005 Council Page 10 Arrived at Meeting r-- County Planner, Tammy Henry, was in attendance at the meeting and arrived at 1:36 p.m. Subdivision and Development Appeal Board No report. Workshop Session C-21/05 MOVED by Councillor Daniels that we approved the 2005 Economic Development Operating Budget in the amount of $128,839.00. CARRIED. This item was referred to later in the meeting. Municipal Planning Commission 1. Old Items ,,_ a) Bylaw #1486-04 -File #04 LUA 23 A -Agricultural District to HWY C -Highway Commercial District This item was not lifted from the table. 2. New Items a) #02 LUA 018 - Pt. SE 3-19-14-W4 -Division 10 A & E RV Sales & Service, Ltd. (Owner & Applicant) CR 2 - Countrv Residential 2 District to HWY C -Highway Commercial District C-22/05 MOVED by Councillor Vermeeren that Bylaw #1497-05, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. SE 3-19-14-W4 from CR 2 -Country Residential 2 District to HWY C -Highway Commercial District, receive first reading. CARRIED. January 6, 2005 Council J~ Page 11 ~_~~1~ b) #04 LUA 028 - Pt. NW 6-18-14-W4 (Plan 9411167, Block 9 MR) & E'/z 1-18-15-W4 (Plan 9411167, Block 10 MR) -Division 5 County of Newell No. 4 (Owner & Applicant) A -Agricultural District to PO -Public/Semi-Public Open Space District C-23/05 MOVED by Councillor Wutzke that Bylaw #1498-05, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate Pt. NW 6-18-14-W4 (Plan 9411167, Block 9 MR) & E '/z 1-18-15-W4 (Plan 9411167, Block 10 MR) from A -Agricultural District to PO -Public/Semi-Public Open Space District, receive first reading. CARRIED. c) #04 NL 022 - Pt. NW 16-18-13-W4 -Division 2 G.W. Murray Ranches, Ltd. (Owner) Corey Higham, CCS Energy Services (Applicant) Subdivide approximately 8.09 ha (20.0 ac) for an Industrial Subdivision C-24/05 MOVED by Councillor Vermeeren that we recommend to the Subdivision Approval Authority approval of Subdivision #04 NL 022, to subdivide approximately 8.09 ha (20.0 ac) for an industrial subdivision, subject to following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing a 9.5 metre easement to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation, registration and discharge of the caveat will be at the cost of the applicant. The development agreement will include the requirement of constructing a road to the site when and if the intersection at Highway #1 is closed. 4. The applicant entering into an agreement with the County of Newell for the installation, upgrade and/or removal of any required road approaches to the proposed and/or remnant parcels. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 6. The applicant providing municipal reserve in the form of cash-in-lieu. The amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land. 7. That all outstanding municipal taxes be paid prior to the endorsement. January 6, 2005 Council `~~ /> Page 12 8. The applicant entering into a cross access agreement with the current ,,~ owner to provide access to the site. 9. The applicant meeting any requirements from Alberta Transportation. CARRIED. d) #04 NL 023 - Pt. SE 6-19-14-W4 Plan 7811334, Block C -Division 10 J. Cecil & Christine Blair (Owners) Cliff McDonald (Applicant) Subdivision of a Country Residential parcel to create a single 11.47 acre parcel from a 41.36-acre parcel in order to transfer the land Cliff McDonald & Cecil Blair were in attendance at the meeting and arrived at 2:00 p.m. C-25/05 MOVED by Councillor Vermeeren that we recommend to the Subdivision Approval Authority approval of Subdivision #04 NL 023, to allow for the subdivision of a Country Residential parcel to create a single 11.47-acre parcel from a 41.36-acre parcel in order to transfer the land, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be 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 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, removal and/or upgrade of any required road approacfles to the proposed and/or remnant parcels. 4. The applicant carrying forth the deferred reserve caveat for 5.99 acres of municipal reserve to the remnant parcel. 5. The applicant providing 1.22 acres of municipal reserve as shown in the Cassils Road Area Structure Plan. 6. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 7. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement, if required. 8. The applicant removing all irrigation acres within the proposed subdivision from the Eastern Irrigation District's water roll. The applicant may sell the irrigation acres to the District, or to another irrigator, subject to District approval. 9. The applicant providing a 3.5 metre easement to the Town of Brooks ,,- for the potential of tying into the Town's services in the future. January 6, 2005 Council '`~i~~\ Page 13 10. That all outstanding municipal taxes be paid prior to the endorsement. CARRIED. __ Cliff McDonald & Cecil Blair left at 2:15 p.m. e) #04 NL 024 - Pt. NW 7-19-14-W4 Plan 4057 J.K., Lot A -Division 5 Doug Larson, Brooks Lube & Alignment (Owner) Cam Christianson, Midwest Surveys (Applicant) To subdivide an Industrial parcel into one lot of 2.62 acres and another into 4.13 acres C-26/05 MOVED by Councillor Wutzke that we recommend to the Subdivision Approval Authority approval of Subdivision #04 NL 024, to allow for the subdivision of an industrial parcel into one lot of 2.62 acres and another into 4.13 acres, subject to following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing an easement to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant registering a caveat for the dedication of a 5-metre strip of land along the westerly boundary of the affected parcels for future road widening. 4. The applicant registering on title, a joint access agreement to the industrial parcels. 5. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include: storm water management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 6. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. The applicant providing municipal reserve in the form of cash-in-lieu. The amount required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 8. The applicant providing a 3.5-metre utility easement to the Town of Brooks for future servicing from the Town. The location of this easement will be beyond the 5-metre caveat noted in condition 3. 9. That all outstanding municipal taxes be paid prior to the endorsement. CARRIED. County Planner, Tammy Henry, left the meeting at 2:17 p.m. January 6, 2005 Council ~ Page 14 ~~~ Workshop Session -Contd. ,~-" -27/05 MOVED by Councillor Vermeeren that the Reeve, Administrator and Assistant Administrator be appointed as the Hiring Committee for the Economic Development Officer. CARRIED. Council asked that the original Economic Development Committee meet before hiring an Economic Development Officer. Brooks & District Ambulance Association The last meeting was held on December 15, 2004. Darren Engel has tendered his resignation. Harold Snodgrass with the Medicine Hat Ambulance Service will act as the interim CEO until the province takes over in April. Newell Regional Solid Waste Management Authority A tour of the Newell Regional Landfill, Gem/Bassano sites, and the Town of Brooks compost site was held on December 16, 2004. ~" Urban Fringe Committee No report. Road Ban Committee No report. Grievance Committee No report. 9-1-1 A meeting was held with Foothills Regional Emergency Medical Services (FREMS) on December 8th to discuss 9-1-1 concerns. FREMS will also be facilitating a meeting between Newell 9-1-1 and IP Plus at the end of January. January 6, 2005 ~~~..~ Council Page 15 College Advisory Committee January 6, 2005 No report. Red Deer River Basin Watershed Alliance Committee • A meeting was held in Hanna on December 15, 2004. • A press release will be held in January. • Community Open Houses will be held in February. • The next meeting is scheduled for January 27, 2005, in Red Deer. Bow River Basin Council • A meeting was held in Calgary on December 8, 2004. • The "State of Our Basin" report will be completed by March, 2005. • An Ice Gala fundraiser will be held on April 29, 2005. • The next meeting will be held in March, 2005. Grasslands Regional F.C.S.S. To be discussed In Camera. Palliser Economic Partnership The next meeting is scheduled for January 14, 2005, in Medicine Hat. Route 36 Development Safety Association No report. Environmental Protection Committee No report. EID/Legion Scholarship Committee No report. ---' V l "~ ~ouncil Page 16 Tourism Committee ,~- :-28/05 C-29/05 C-30/05 MOVED by Councillor Daniels that Councillor Philipsen be authorized to attend the 2005 Rural Tourism Conference in Camrose from March 7 - 9, 2005, and that expenses be paid as per County Policy. CARRIED. RCMP Committee No report. Council Lunches Committee No report. Division 5 & 10 Recreation Board MOVED by Councillor Daniels that the Division 5 & 10 Recreation Board be removed from the Committee Reports List. CARRIED. Regional Services No report. Luscar Ad Hoc Committee Public meetings will be held in Brooks, Rainier, Cassils and Bow City. 2005 Awards Night Ad Hoc Committee The 2005 Awards Night will be held on February 5, 2005 in Duchess. MOVED by Councillor Daniels that members of Council not be paid any per diems for attending the 2005 Awards Night. CARRIED. 15. QUESTION PERIOD/NOTICE OF MOTION A question period was held. Councillor Daniels advised that the Tiffin Conference will be held in Lethbridge on January 20, 2005, at the Tiffin Centre. January 6, 2005 Council Page 17 16. INFORMATION ITEMS 1. Safety Committee Minutes. 17. IN CAMERA C-31/05 MOVED by Councillor Vermeeren that we move in camera at 3:06 p.m. CARRIED. C-32/05 MOVED by Councillor Wutzke that we move out of camera at 3:50 p.m. CARRIED. C-33/05 MOVED by Councillor Eckert that we not oppose a court application, if made, to release the York Tamura Scholarship Fund. CARRIED. C-34/05 MOVED by Councillor Vermeeren that we continue to support Grasslands Regional F.C.S.S. under its current terms of reference. CARRIED. 18. AD70URN C-35/05 MOVED by Councillor Vermeeren that the meeting adjourn at 3:51 p.m. CARRIED. REEVE COUNTY ADMINISTRATOR January 6, 2005 Council Page 18