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HomeMy WebLinkAbout2006-10-05 Council (Regular) MinutesCOUNTY OF NEWELL N0.4 MINUTES OF COUNCIL MEETING OCTOBER 5, 2006 1. The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, October 5, 2006 commencing at 9:56 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke STAFF: A. Martens, County Administrator N. Moriyama, Assistant Administrator B. Broomfield, Executive Assistant OTHERS IN A. Skorobohach, Brooks & County Chronicle ATTENDANCE: R. Brown, Brooks Bulletin EXCUSED FROM MEETING All members were in attendance at this meeting. 2. MINUTES Council Minutes -September 21, 2006 The following changes were made to the September 21, 2006 minutes: a. Page 3 -Motion 428/06 -the motion was reworded as follows: "MOVED BY COUNCILLOR A.M. PHILIPSEN that we enter into these cost sharing agreements with Alberta Infrastructure and Transportation, with our portion of $775,365.27 for PR 130 coming from the Annual Paving Tax Reserve and with our portion of $3,758,197.30 for Highway 876 to come first from the AM/P and the balance from the Annual Paving Tax Reserve.'; MOTION CARRIED ~!~~ Regular Council Minutes Page 2 October 5, 2006 '" b. Page 4 -Motion C-432/06 -replace "by" with "be'; c. Page 5 -Motion C-434/06 -last phrase -reword to `Y~he Division 1 Councillor attend'; d. Page 6 -Motion 435/06 -include "MOTION CARRIED" after the motion; e. Page 12 - item o -add `; but not distributed'; and f. Page 13 - item r -second line -insert the word `provincial" before the word `Funding" Arrived at Meeting Rob Brown arrived at the meeting at 9:58 a.m. C-455/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that the September 21, 2006 Council minutes be adopted as amended. MOTION CARRIED 3. CALL FOR POST AGENDA ITEMS ~-- The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-456/06 MOVED BY COUNCILLOR A. EASTMAN that we adopt the agenda as amended. MOTION CARRIED 5. BUSINESS FROM MINUTES a. Bylaw 1590-06 -Local Improvement Bylaw -Patricia Lagoon Discharge Upgrade 7~u~ ~~ ~~~ T~is-is no further information on this item. b. Bvlaw 1594-06 -Lake Newell Resort Sewer Bvlaw This item was referred to the Council meeting to be held on October 19, 2006. Regular Council Minutes October 5, 2006 Page 3 c. Electrical Power and Sani-Dump Site Costs -Emerson Park Campground There is no further information on this item. d. Beautification Awards for Non-Rural Yards There is no further information on this item. e. Proposed Fire Bvlaw 1595-06 Administration presented copies of proposed amendments to Fire Bylaw )595-06. Council made further wording amendments. C-457/06 C-458/06 ,,,.... C-459/06 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1595-06, a bylaw for the prevention or extinguishing of fires, receive first reading. MOTION CARRIED MOVED BY COUNCILLOR A. ECKERT that Bylaw 1595-06 receive second reading. MOTION CARRIED MOVED BY COUNCILLOR C. VERMEEREN that consent be given to proceed with third and final reading of Bylaw 1595-06. MOTION CARRIED UNANIMOUSLY C-460/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1595-06 be given third and final reading. MOTION CARRIED 6. CORRESPONDENCE a. Palliser Health Region -Request to Enact Smoke Free Bvlaw A letter was presented to Council from the Palliser Health Region requesting that Council consider adopting asmoke-free bylaw to make municipal public areas and designated outdoor areas smoke-free by 2007. ~--- C-461 /06 MOVED BY COUNCILLOR A. ECKERT that we accept this letter as information. MOTION CARRIED ~- 0 v`~ Regular Council Minutes Page 4 October 5, 2006 °' b. Diabetes Association -Proclamation of Diabetes Week - "Help Fund A Cure" A letter was presented to Council from the Brooks & District Diabetes Association, requesting that Council proclaim October 16 to 23, 2006 as "Diabetes Week -Help Find A Cure': C-462/06 MOVED BY COUNCILLOR M. NESBITT that the County of Newell No. 4 hereby proclaims October 16 to 23, 2006 as "Diabetes Week -Help Find A Cure". MOTION CARRIED c. Red Deer River Watershed Alliance - Request for Fundina Suaaort A memorandum was presented to Council from the Red Deer River Watershed Alliance requesting financial support for the 2007 year operations of the Red Deer River Watershed Alliance. This item was accepted as information. d. AAMD&C -Fall Convention Partners Proaram -^ Council was reminded that the deadline for registrations is October 11, 2006 and to forward information to Administration no later than October 9, 2006 if anyone would like to register their spouse. e. Councillor Philipsen - Library Month Declaration C-463/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that we make the following proclamation: WHEREAS Canada's libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS Canada's libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge-based economy; WHEREAS Canadian libraries bolster economic prosperity by providing access to essential decision-making information for organizations and businesses; WHEREAS libraries in Canada enhance the quality of life for all ,- Canadians, and help ensure that Canadian culture continues to flourish and thrive; Regular Council Minutes October 5, 2006 Page 5 ''1 THEREFORE I, Reeve Molly Douglass, do hereby proclaim the month of October 2006 as "Library Month -Libraries: The World At Your Fingertips" in the County of Newell No. 4. MOTION CARRIED 7. CHEQUES FOR PAYMENT C-464/06 MOVED BY COUNCILLOR I. SCHROEDER that cheques 157149 to 157220 in the amount of $348,827.29, and Direct Debit Batch 11194 in the amount of $13,250.90, be approved. MOTION CARRIED 10. STAFF DELEGATIONS 2. Municipal Planning Commission -Old Item a. Mapping Issues for Planning & Development Items C-465/06 MOVED BY COUNCILLOR M. NESBITT that Motion C-409/06, -- which reads as follows, be lifted from the table: MOVED BY COUNCILLOR M. NESBITT that applicants be required to provide accurate drawings for any application. MOTION CARRIED Vote on Motion C-409/06. MOTION DEFEATED 11. OTHER BUSINESS b. Uadate on Joint Resolution with County of St. Paul The Administrator noted that given the recently announced reclamation program, the County of St. Paul wished to wait until spring 2007 to evaluate the program prior to putting forth a resolution if still deemed necessary. ~ .~~~ Regular Council Minutes October 5, 2006 13. Page 6 POST AGENDA ITEMS a. Municipal Sponsorship Program -Addition of Line Printer Administration advised that a maximum of three projects can be applied for under the Municipal Sponsorship Program, that there is still funding available in the program and requested that the purchase of a financial services printer to replace the current printer be added to our Municipal Sponsorship Program application. C-466/06 MOVED BY COUNCILLOR A. ECKERT that we add the purchase of a financial services printer to our Municipal Sponsorship Program application. MOTION CARRIED b. Minister of Citizenship and Immigration -Citizenship Week C-467/06 MOVED BY COUNCILLOR M. NESBITT that we make the following proclamation: WHEREAS Canada's Citizenship Week will be held from October 16 to 22, 2006; AND WHEREAS Canada's Citizenship Week provides an opportunity to reflect on the value of citizenship and immigration and to focus on the privileges, rights, responsibilities and obligations of citizenship; AND WHEREAS new Canadians bring a strong sense of commitment to their new home, make many valuable contributions to Canada and play an important role in our economic strength and cultural diversity; AND WHEREAS the themes and values of Canadian citizenship reinforce an important message for all Canadians -that newcomers are welcome in Canada and that we all belong; AND WHEREAS all Canadians, old and new, can join together in reaffirming their commitment to Canada; THEREFORE I, Reeve Molly Douglass, do hereby proclaim the week of October 16 to 22, 2006 as "Canada's Citizenship Week" in the County of Newell No. 4. MOTION CARRIED ~~~ Regular Council Minutes October 5, 2006 Page ~ c. Aboriginal Awareness Training Sessions Councillor Daniels advised that the Palliser Economic Partnership is sponsoring an Aboriginal Awareness Training Session in Bassano on November 16th from 9:00 a. m. to 3:00 p. m. C-468/06 MOVED BY COUNCILLOR W. DANIELS that all Councillors be permitted to attend the Aboriginal Awareness Training Session to be held November 16, 2006 in Bassano commencing at 9:00 a.m. as a function of Council. MOTION CARRIED 14. COMMITTEE REPORTS a. Municipal 1. Road Closure and Lease -Pickett Ranching - W of 29 & 32- 22-17-W4 C-469/06 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1597-06, being a bylaw for the purpose of closing to public travel and leasing that portion of the road allowance on the west side of Sections 29 and 32-22-17-W4M, receive first reading. MOTION CARRIED b. A.S.B. Councillor Eastman reported on the following: the South Region ASB Conference; correspondence received from a rate payer regarding damage to property resulting from the river weed control program; and the Beautification Awards Luncheon being held on November l ist at the Heritage Inn commencing at 12:30 p.m. 1. Emerson Bridge Signs C-470/06 MOVED BY COUNCILLOR S. EVANS that the purchase of a park entrance sign in 2007 that includes ownership, operator and associated telephone numbers be approved. MOTION CARRIED ~~~~~ 2. Trees in Right of Wav C-471/06 ~-,~~~ "' MOVED BY COUNCILLOR A. ECKERT that a waiver be granted subject to the ' ' at,.tn~.- /'Cr1 O / i ~ ea ~~ fi cc S a~-~ -f1 c o u ~ c..-''S Q~ eroS cyyi ~~i"p US C-Cf~tl'K C.j /jG C.GSf k~ h~'TrC V e Regular Council Minutes Page 8 October 5, 2006 ~^" C-472/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that we refer this item back to ASB for further clarification. MOTION CARRIED c. Municipal Planning Commission No report. d. Workshop Session No report. e. Economic Development Councillor Daniels provided a report on abio-energy conference he attended in Red Deer, and Councillor Nesbitt commented that our Economic Development and Tourism Officer is still in discussion with parties interested in establishing bio-diesel operations within the County. f. Grasslands Regional FCSS ~-- Councillor Wutzke reported that interviews have taken place with organizations applying to Grasslands Regional FCSS for 2007 funding. g. Salary Negotiating Committee Will be discussed during the In Camera portion of this meeting. h. Shared Services/Urban Fringe Committee Councillor Nesbitt provided a report on the Joint Shared Services meeting held on September 28th. The November 21St meeting of this committee will be rescheduled as it occurs the same day as the Beautification Awards Luncheon. Recess Council recessed from 10:59 a. m. to 11:03 a. m. Arrived at Meeting Interim County Planner, Jamal Ramjohn, Cory Baksa, Bevan May and Martin Hofer arrived at the meeting at 11:01 a.m. Regular Council Minutes October 5, 2006 $. Page 9 PUBLIC HEARINGS a. 06 LUA 020 -Bylaw 1588-06 - Pt. SW 17-21-17-W4 -Division 6 Leroy Aimoto/Cory Baksa (Owner/Applicant)(Approx, l .04 ac) A -Agricultural District to LI -Light Industrial District Reeve Douglass called the Public Hearing to order at 11:03 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1588-06. Bylaw 1588-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the SW 17- 21-17-W4 from the Agricultural District to the Light Industrial District. The Interim County Planner presented background information on this application. The application is for a boundary adjustment. Reeve Douglass reviewed the procedures that would be followed for the hearing. Cory Baksa stated that this request is to transfer this site to an adjacent The site ,,~ installing drainage Council. site. property owner, whose lands are zoned Light lndustrtial. is being utilized as a drainage ditch and the EID will be an underground pipe further north of this site to replace this ditch. Photos of the drainage ditch were presented to Ms. Baksa responded to several questions of Council on this There were no other persons in attendance speaking either in favour or in opposition to the proposed rezoning. b. 06 LUA 021 -Bylaw 1589-06 - Pt. N'h 21-23-18-W4M & S'h 28-23-18- W4 -Division 9 Clearview Hutterian Brethren/Bevan May (Owner/Applicant)(Approx. 4.54 ac) A -Agricultural District to I -Industrial District Reeve Douglass called the Public Hearing to order at 11:14 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1589-06. Bylaw 7589-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the N% 21- 23-18-W4M and S% 28 23-18-W4M from the Agricultural District to the Industrial District. The Interim County Planner presented background information on this °' application. The application is for the re-use of a diary barn for a plastics manufacturing operation. Regular Council Minutes October 5, 2006 Page 10 ~^ Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional members of the public in attendance. Martin Hofer, Clearview Colony, stated he had no further information to add to the Interim County Planner's report. Bevan May stated there are several reasons why the Clearview Hutterian Brethren are pursuing this venture: many farms are diversifying into other areas besides farming, and the proposed operation may help to induce the younger members of the colony to stay. Council was given the opportunity to ask questions. There were no questions. There were no other persons in attendance speaking either in favour or in opposition to the proposed rezoning. C-473/06 MOVED BY COUNCILLOR C. VERMEEREN that the Public Hearings adjourn at 11:23 a.m. MOTION CARRIED ,-- 9. BYLAWS a. Bvlaw 1588-06 - 06 LUA 020 C-474/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1588-06, to rezone approximately 0.42 hectares (1.04 acres) of land in Pt. SW 17- 21-17-W4 from A -Agricultural District to LI -Light Industrial District, receive second reading. MOTION CARRIED C-475/06 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1588-06 receive third and final reading. MOTION CARRIED b. Bylaw 1589-06 - 06 LUA 021 C-476/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1589-06, to rezone approximately 1.84 hectares (4.54 acres) of land in Pt. N 1h 21 & S 'h 28-23-18-W4 from A -Agricultural District to I -Industrial District, receive second reading. MOTION CARRIED C-477/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1589-06 '^ receive third and final reading. MOTION CARRIED ~,~,~ Regular Council Minutes Page 11 October 5, 2006 Cory Baksa, Martin Hofer and Bevan May left the meeting at 11:24 a.m. Recess Council recessed from 11:24 a. m. to 11:26 a. m. Arrived at Meeting Darlene Jensen and Gordon Gallup arrived at the meeting at 11:26 a.m. 10. STAFF DELEGATIONS a. Jamal Ramjohn, Interim County Planner 1. Municiaal Planning Commission -New Items a. Development Permit 2965 - NW 18-21-15-W4M -Div. 7 Gordon & Allison Gallup (Owner)/Mr. Hugh Ham (Applicant) --- Existing Use of Building The Interim County Planner provided the background on this application. Darlene Jensen requested that Council consider a five-year temporary permit instead of a three year temporary permit. C-478/06 MOVED BY COUNCILLOR I. SCHROEDER that this permit be approved and this building and use be classified as a "Commercial Vacuum Truck Operation" being a discretionary use within the DC -Direct Control District and that a front yard set back variance of 4.66m be granted for the commercial building. Approval is being granted for the existing use of the 371.6 m2 building, with office for the storage and maintenance of four vacuum trucks with four portable, prefabricated trailers used in conjunction with the vacuum truck service, as described in this application and shown on the revised site plan submitted August 16, 2006, on lands legally described as the NW 18-21- 15 W4M, containing 8.19 acres, where the following are required prior to final approval and issuance of this permit: a) The developer providing the Development Officer with a ,,~ copy of an occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell ~-= ~'I~ Regular Council Minutes October 5, 2006 Page 12 b) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. And subject to the following conditions: 1. This permit is being granted only for the use of the existing 371.6 m2 shop for the storage and maintenance of four vacuum trucks and four portable prefabricated trailers, to be owned and operated by the applicant and used in conjunction with the vacuum truck operation as described in this application, on lands legally described as NW 18-21-15, containing 8.19 acres. Any additional development, or change in use shall require prior approval of a separate permit application. 2. This permit being valid for a time period of three years from the date of approval at which time it may be either renewed or revoked by the Development Authority under the provisions of the land use bylaw. It is the responsibility of the applicant to renew a minimum of three months prior to its expiration. 3. This proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the DC -Direct Control District. c. the Alberta Building Code where applicable. d. the Alberta Fire Code where applicable. e. any concerns put forth by the County of Newell Public Works Department. 4. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 5. The applicant ensuring that: a. the following setbacks are maintained for this development: Front (West) Side Rear *25.34 m **3 m **3 m r' Minimum distance to be maintained from public road ROW or highways as varied by Council. Regular Council Minutes October 5, 2006 Page 13 ~"" ** Minimum distance to be maintained from the property lines. b. the building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceed the standard of, other buildings in the vicinity. c. the exterior finish of the building is the same as, or consistent with the exterior finish of other buildings on the property. d. an adequate supply of water is provided for fire suppression purposes to the satisfaction of the local Fire Department. e. the site is graded so that storm water does not drain onto adjoining properties. f. there is proper and legal access provided to the property from the most southerly access only. All other accesses to the property shall be closed. g. there is adequate access available for Emergency Services to three sides of the structure. -- h. adequate parking space is available for these uses. i. there is proper disposal of sewage and waste from this use. j. construction materials, supplies and equipment are stored on the property and not on the public roadway. k. there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. I. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. m. there is no contamination of soil, surface water or groundwater from this use. n. all hazardous waste materials are properly disposed of in regulated facilities. o. no significant nuisance factor such as noise, dust, or odors shall extend beyond the boundaries of the site. p. the four portable, prefabricated trailers shall ,.- not be occupied at any time while located on the property. ~-~~ Regular Council Minutes Page 14 October 5, 2006 ~''' q. all outside storage is adequate screened from the public roadway and adjacent land uses. r. an appropriate form of dust suppression is maintained on site at all times. This may be in the form of crushed rock, paving or oiling or other means satisfactory to the Development Authority. MOTION CARRIED Darlene Jensen and Gordon Gallup left the meeting at 11:38 a.m. c. 06 NL 013 - Pt. SW 7-21-12-W4 -Division 3 Neil Owen/Alvin Owen (Owner/Applicant) Subdivision of an Agricultural Parcel to Consolidate with an Adjacent Parcel C-479/06 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 06 NL 013, for the subdivision of an agricultural parcel to consolidate with an adjacent parcel, be recommended to the -- Subdivision Authority subject to the following conditions: That the subdivided parcel of 7.83 hectares (19.36 acres) be consolidated by plan with NW 6-21-12 W4M and the remnant lands be consolidated by plan with SE 7-21-12 W4M. 2. 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. 3. 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. 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. That the applicant meet all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Regular Council Minutes October 5, 2006 Arrived at Meeting Page 15 Rod Potrie, Bob Cromwell, Stephen Law and Jeet Shergill arrived at the meeting at 11:45 a.m. b. 06 NL 014 -Plan 9411167, Block 2 (Pt. NE 1-18-15-W4 & NW 6-18-14-W4) LNR -Kingfisher Estates JV Ltd/Planning Protocol Inc. (Owner/Applicant) Subdivide approximately 15.2 ac into 37 Single-Family Residential Lots Council discussed the road grading and parking concerns for this proposed subdivision. The Interim County Planner read aloud from a letter received in opposition to this application on street parking. C-480/06 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 06 NL 014, for the subdivision of approximately 6.15 hectares (15.2 acres) into 37 single-family residential lots, be recommended to the Subdivision Authority 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 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. 4. The applicant providing an irrevocable letter of credit at a minimum of 125% of the gross construction costs including engineering design. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include: storm management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. ~~~~ Regular Council Minutes October 5, 2006 Page 16 7. Prior to endorsement of the subdivision plan, a homeowner's association is to be created to be responsible for all municipal reserve areas within the subdivision, including all pathways, with a caveat being registered on the titles showing the property being subject to the membership and obligations of the homeowner's association. 8. The applicant entering into an agreement with the existing Lake Newell Resort Condominium Association to deal with solid waste management for the subdivision. 9. The applicant receiving written approval from the Eastern Irrigation District regarding the use of the existing water treatment plant. 10. That all outstanding municipal taxes be paid prior to the endorsement. 11. That appropriate width and turning radii of streets be designed to facilitate road maintenance. MOTION CARRIED Rod Potrie, Bob Cromwell, Stephen Law, Jeet Shergill, Rob Brown and Anna Skorobohach left the meeting at 12:16 p.m. LUNCH Council recessed for lunch from 12:17 p.m. to 1:15 p.m. Arrived at Meeting Interim County Planner, Jamal Ramjohn, and Rob Brown arrived at the meeting at 1:15 p.m. d. 06 LUA 023 - Pt. NW 29-20-13-W4M -Division 3 Springside Hutterian Brethren Ltd/Newell Regional Solid Waste Management Authority Ltd (Owner/Applicant) (Approx 2.65 ac) A -Agricultural to P-WTS -Waste Transfer Site C-481/06 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1593-06, to amend Land Use Bylaw 1443-03 by rezoning approximately 1.07 hectares (2.65 acres) of land in Pt. NW 29-20-13-W4M ,^ from A -Agricultural to P-WTS -Public -Waste Transfer Site, be given first reading. MOTION CARRIED ~f~,~`~ Regular Council Minutes October 5, 2006 e. Plannin4 and Develoument Fee Review Page 17 Council reviewed the proposed amendments to the Fee Schedule. C-482/06 MOVED BY COUNCILLOR I. SCHROEDER that we accept the Fee Schedule as amended. C-483/06 MOVED BY COUNCILLOR C. VERMEEREN that we postpone making a decision on this matter until after the Public Hearing - Road Closure Bylaw 1586-06. MOTION CARRIED Interim County Planner, Jamal Ramjohn, left the meeting at 1:33 p. m. Arrived at Meeting Janaya Flower, Laurie Agate, Sheldon Sandau, Billy Balaban and Sue Mundy, representing Encana, and Holly Johnson and Blaine Johnson, applicants, arrived at the meeting at 1:34 p.m. '~ 11. OTHER BUSINESS a. Public Hearing -Road Closure -Bylaw 1586-06 - C.O. Johnson & Sons Reeve Douglass called the Public Hearing to order at 1:35 p.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1586-06, for the purpose of closing to public travel and leasing portions of a public highway. Reeve Douglass reviewed the procedures that would be followed for the hearing. Blaine Johnson, speaking in favour of this application, read aloud his concerns from a prepared document and elaborated on his concerns for the road closure. His concerns were: • Allowing Encana to use a trail will lead to others using the trail; • Approving his lease request will protect the land; • the area in question is sensitive terrain and pristine prairie land; • Encana is not protecting the prairie trails; ,-- Encana is not following EUB guidelines with regard to access to well sites; Regular Council Minutes Page 18 October 5, 2006 "`~ • he presented photos to Council depicting how Encana has treated native prairie land in this area. Several of the photos are of deep ruts along a trail; and • weeds and noxious weeds are being introduced to the prairie. Council was given the opportunity to ask questions of the applicant. Councillor Daniels asked if the ruts mentioned by Mr. Johnson happened this spring, and Mr. Johnson responded yes and further stated that this was only a small trail originally but now the trail has been marred by deep ruts. Reeve Douglass asked if the ruts are on road allowances; Mr. Johnson responded that half of the ruts are on road allowances and half are not. Laurie Agate, speaking in opposition to this application on behalf of Encana, presented copies of a letter on Bylaw 1586-06 containing their arguments against this road closure, and a map showing a compiled plan covering all of Encana's wells, access roads, pipelines and facilities on the Johnson Ranch. The highlights from this letter are: • Encana and its predecessor, PanCanadian Petroleum Ltd, have utilized the public access within this property boundary since -^ 1995 and their operations depend on its continued use; • Encana's day-to-day operations and potential future development within the property boundaries will be severely curtailed if this Bylaw is approved; • This Bylaw will create a hazardous situation in terms of safety, and Encana will suffer significant hardship on both operational and financial grounds; • Encana objects to the form of lease agreement proposed for the roads in both clauses 1 and 2 of the County's standard agreement; • Clause 1 will prevent the lessee from assigning, subletting or transferring the leased area without municipal consent; • Clause 2 addresses maintenance of public road allowances. Encana is not charged by the County for use of public road allowances that Encana is reasonably required to maintain or develop at its own expense; to assist with restricting public access three gates have been recently installed on the above lands. It would be unfair for Encana to continue to perform such maintenance and be required to pay compensation for any damage that may occur; and • If Council passes the proposed Bylaw, Encana hereby applies to be lessee for all of the road allowances within township i5 '' ranges 14 and 15, and township 16 ranges 14 and 15 W4M. Council was given the opportunity to ask questions of the opposition. ~~ Regular Council Minutes October 5, 2006 Page 19 X11 Councillor Daniels asked if any of the roads that Encana uses are maintained and developed; Ms. Agate stated there is one partially maintained and developed road off of Highway 530 and pointed out the location on the presented map. Several other questions were asked concerning public safety and right-of-ways. Councillor Vermeeren asked why the undeveloped road allowance was not put back into its original state; Ms. Agate replied that it was repaired. Reeve Douglass asked if this Bylaw is passed, how would it affect Encana's day to day operations; Sheldon Sandau and Billy Balaban both responded on behalf of Encana. Ms. Agate stated Encana would like access to be maintained, the area is not pristine property, the area in question is used heavily by Encana, and they want to ensure that public access is there when needed. She further stated that Encana is the main user of the public access and if the Bylaw is passed and access is closed, then Encana would apply to become the lessee; therefore, they prefer the Bylaw not be passed. Councillor Eckert asked Ms. Agate if Encana has unencumbered access to their property ; she replied no, they do not; then he asked if the lessee can sublet crown land to Encana; Ms. Agate responded no, the lessee cannot sublet a road allowance to another party. Councillor Vermeeren asked Ms. Agate the location of the road allowance being used, and how much of the road allowances Encana is occupying for their access; Ms. Agate provided this ,~- information. County Administrator, Alan Martens, commented on a letter received from the E.I.D. in opposition to the lease of the Shuttleworth Trail, which is actually not included in this closure application. In his rebuttal to Ms. Agate's comments, Mr. Johnson responded as follows: • He explained the EUB guidelines with regard to gaining well site access and reiterated that the guidelines specify the use of existing trails to protect the prairie, and his first priority is protection of the land; • The map presented by Ms. Agate is inaccurate; • Encana had agreed to a minimum disturbance policy and are not adhering to that policy; • Encana wants to use the road allowance on his property to cut costs; • He is not denying access to oil companies and would like Encana to treat road allowances on his property with the same respect as his own property; • Encana has no future plans to drill on their ranch that they are ~" aware of. Mr. and Mrs. Johnson are not clear why this is such an issue for Encana; ~~ Regular Council Minutes October 5, 2006 Page 20 r" He does not foresee any hazardous situations developing if the Bylaw is approved by Council; and • His photos of the land show how Encana treats the prairie, whether it is private or public land. Council was given the opportunity to ask questions of the public again. Councillor Nesbitt asked Mr. Johnson how long it took Encana to clean up the road in his photos. Mr. Johnson replied the incident happened in March and that Encana will not clean up the road adequately until they start their reclamation process, whenever that will be. Councillor Daniels asked if there is an agreement in place for work on using road allowances, Ms. Agate responded they are agreeable to having a discussion on this. Councillor Vermeeren stated he would like more information on the amount of road allowances Encana uses on this property. Janaya Flower, in-house legal counsel for Encana, asked Council if she could address some of the issues of Mr. Johnson outlined in his rebuttal. Council indicated they would hear Ms. Flower as she was not given that opportunity earlier. Ms. Flower stated: ~^ • There is clearly confusion between the Johnsons and Encana with regard to each others expectations; • There are ongoing negotiations to a Section 39 review; • Encana has taken steps to remediate the damage shown in Mr. Johnson's photos. The photos don't reflect the current state of the lease area; • Encana has tried to include Mr. Johnson in discussions but they are still not in agreement, they are committed to resolving these matters with C.O. Johnson & Sons; • Ms. Flower asked that Council not close access to the lease area. !f the ranch changes hands, the lease agreement in place expires potentially impacting operations; and • In terms of the impact on their operations if the Bylaw is approved, she mentioned safety and hazardous considerations. Council directed several questions to Ms. Flower on leasing options that Council may consider and the possible impacts these may have on Encana operations. C-484/06 MOVED BY COUNCILLOR W. DANIELS that the Public Hearing adjourn at 2:47 p.m. MOTION CARRIED The delegation and Rob Brown left the meeting at 2:49 p.m. ~v~~ Regular Council Minutes October 5, 2006 Page 21 ~--1 12. DELEGATION The Economic Development Committee delegation will be rescheduled. 10. STAFF DELEGATIONS CON'T a. Jamal Ramjohn, Interim County Planner 1. Municiaal Planning Commission -New Items e. Plannin4 and Development Fee Review Postponed Motion C-483/06 which reads: C-483/06 MOVED BY COUNCILLOR 1. SCHROEDER that we accept the Fee Schedule as amended. C-485/06 MOVED BY COUNCILLOR I. SCHROEDER that we call the question on Motion C-483/06. MOTION CARRIED Vote on Motion C-483/06 -MOTION CARRIED 15. QUESTION PERIOD/NOTICE OF MOTION A question period was held. 16. INFORMATION ITEMS There were no information items. 17. IN CAMERA C-486/06 MOVED BY COUNCILLOR C. VERMEEREN that we move in camera at 3:08 p.m. MOTION CARRIED C-487/06 MOVED BY COUNCILLOR I. SCHROEDER that we move out of camera at 3:45 p.m. MOTION CARRIED ~~~~ Regular Council Minutes October 5, 2006 Page 22 r- C-488/06 MOVED BY COUNCILLOR S. EVANS that Fire Permit J703374 be cancelled as the holder breached provisions of the permit to burn only clean wood, untreated cardboard and paper. MOTION CARRIED 18. ADJOURN C-489/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that the meeting adjourn at 3:50 p. m. MOTION CARRIED eeve ~-~ County Administrator