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HomeMy WebLinkAbout2007-08-09 Council (Regular) MinutesCOUNTY OF NEWELL NO. 4 MINUTES OF COUNCIL MEETING AUGUST 9, 2007 1. 2. The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, August 9, 2007 commencing at 10:00 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: N. Moriyama, County Administrator B. Keith, Assistant Administrator C. Jakobsen, Public Works Clerk A. Clapton, Executive Assistant D. Horvath, Planner - ORRSC OTHERS IN ATTENDANCE: R. Brown, Brooks Bulletin A. McCuaig, Brooks Bulletin S. Stanway, Brooks & County Chronicle Corina Hermus (07 LUA 011) Dorothy Tweedle (07 LUA 011) Albert Zagorsky (07 LUA 011) Ron Howard (07 LUA 011) Wayne Duckett (07 LUA 011) D. Erdman, Econ. Development/Tourism Coordinator K. Christman, Vice Chair, Economic Development & Tourism Committee EXCUSED FROM MEETING All members were in attendance at this meeting. MINUTES The following changes were made to the July 19, 2007 Council minutes: Page 4 - it was noted that, when a motion is lifted from the table, the lifted motion should be reprinted in the minutes. ~~ Regular Council Minutes Page 2 August 9, 2007 Page 6 -Item 9(c) - should read "...Palliser health minutes of July 4, 2007 were presented... " C-343/07 MOVED BY COUNCILLOR M. NESBITT that the July 19, 2007 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-344/07 MOVED BY COUNCILLOR A. EASTMAN that we adopt the agenda as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT C-345/07 MOVED BY COUNCILLOR H. WUTZKE that cheques 158916 to 159037 in the amount of $522,290.46, cheques 159038 to 159043 in the amount of $98,807.32, cheque 159044 in the amount of $1,243.38, cheques 159045 to 159147 in the amount of $256,369.52, and Direct Debit Batch 12353 in the amount of $82,819.85 be approved. MOTION CARRIED 6. MUNICIPAL TREASURER'S REPORT -JUNE 2007 The Treasurer's Report for June 2007 was presented to Council. C-346/07 MOVED BY COUNCILLOR I. SCHROEDER that the Treasurer's Report for June 2007 be accepted. MOTION CARRIED 7. BUSINESS FROM MINUTES There were no outstanding items from the minutes to discuss. ARRIVED AT MEETING ~~~ S. Stanway, Brooks & County Chronicle, arrived at 10:09 a.m. Regular Council Minutes August 9, 2007 8. CORRESPONDENCE a. Letter from Foothills Little Bow Municipal Association RE: Regular Meeting of the Association Page 3 A letter from the Foothills Little Bow Municipal Association was presented to Council regarding the regular meeting on Friday, September 21, 2007. Council discussed potential topics, such as regional water systems and municipal addressing systems. ARRIVED AT MEETING S. Shigehiro, Manager of Finance, arrived at 10:16 a.m. b. Letter from Smillie Farms Ltd. RE: Rescinding Charges for Late Payment of Taxes A letter from Smillie Farms Ltd. was presented to Council, which requested that the charge for the late payment of taxes be rescinded and also questioned the system the County uses for preparing tax notices. S. Shigehiro presented background information on the online payment system used by the County and stated that the Credit Union is the only financial institution that does not provide the County with the date of the customer's transaction. She noted that if the customer can provide the County with documentation including the actual payment date, the penalties will be reversed. C-347/07 MOVED BY COUNCILLOR C. VERMEEREN that the tax penalties of Smillie Farms Ltd. be reversed. MOTION CARRIED Council discussed the current system for preparing tax notices and Mr. Smillie's question about why one consolidated statement containing all roll numbers could not be produced. S. Shigehiro indicated that they could look into whether or not there existed software that could generate a statement containing all roll numbers which applied to the "same" property owner, but there will always be one tax notice per roll number. Regarding Mr. Smillie's question about why the County's tax deadline is June 15th, S. Shigehiro was not aware of the history behind Phis decision. Councillor W. Daniels advised that the due date for property taxes was changed to accommodate the payment date for school requisitions. ~/V1'~~ Regular Council Minutes August 9, 2007 11. OTHER BUSINESS a. 2007 Tax Sale -Public Auction Page 4 S. Shigehiro presented information on the date for the 2007 Tax Sale. The date will be Wednesday, November 7, 2007 at 2:00 p.m. in the County of Newell Administration building. A list of properties for sale was also presented to Council. C-348/07 MOVED BY COUNCILLOR M. NESBITT that the 2007 Tax Sale be held on Wednesday, November 7, 2007 at 2:00 p.m. in the County of Newell Administration Building with cash only terms, and that the reserve bids for the 2007 Tax Sale properties be set as recommended by Administration. MOTION CARRIED b. County Newsletter Review Council reviewed the proposed County newsletter for July and August 2007 and suggested a number of changes. c. County Mini Bus -Repairs Council reviewed a memo from J. Johnson, Administrative Officer, outlining the recent repairs made to the County of Newell Mini Bus. C-349/07 MOVED BY COUNCILLOR W. DANIELS that the repairs to the County of Newell Mini Bus, in the amount of $4,876.00 (including GST) be completed by Harwood Ford, and that these repairs be paid from the Public Transportation Reserve fund. MOTION CARRIED RECESS S. Shigehiro left the meeting at 10:41 a.m. ARRIVED AT MEETING D. Crapo, Information Technologist, arrived at 10:42 a.m. D. Crapo left the meeting at 10:53 a.m. Council recessed at 10:55 a.m. and reconvened at 11:01 a.m. R. Brown left the meeting at 10:56 a.m. ARRIVED AT MEETING ~~, J~ Corina Hermus, Dorothy Tweedle, Albert Zagorsky, Ron Howard, and Wayne ~`~,~v Duckett arrived at 11:01 a.m. Regular Council Minutes August 9, 2007 9. PUBLIC HEARINGS Page 5 11:00 a.m. .~- a. 07 LUA 008 -Portion of Lot 1, Block 4, Plan 021 0729 (Pt. N '/z 36-20-15-W4M & Pt. S '/z 1-21-15-W4M) -Division 8 Kevin & Joan Tebo (Owner/Applicant) Approximately 13.82 hectares (34.15 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:01 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1621-07. Bylaw 1621-07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of Lot 1, Block 4, Plan 021 0729 (Pt. N %z 36-20-15-W4M & Pt. S % 1-21-15- W4M) from the A -Agricultural District to the CR -Country Residential District. D. Horvath provided the background information on this application. One letter was received regarding this application. Alberta Infrastructure & Transportation indicated they have concerns with the proposed subdivision and the subsequent impact on Highway 36 from an access management perspective. D. Horvath replied that their concerns can be dealt with at the subdivision stage. - Reeve Douglass reviewed the procedures that would be followed for the hearing. There were no persons in attendance speaking either in favour or in opposition to the proposed rezoning. Council was given the opportunity to ask questions. Councillor C. Vermeeren asked if any comments had been received from the landowners of the property in the center. D. Horvath replied that there had been no response from any of the adjacent property owners. b. 07 LUA 009 -Portion of Lot 1, Block 1, Plan 911 0839 (SE'/a 36-20-15-W4M) -Division 8 Terry & Irene Peterson (Owner) /Midwest Surreys (Applicant) Approximately 3.79 hectares (9.36 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:09 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1622-07. Bylaw 1622-07 is a ~- bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of Lot 1, Block 1, Plan 911 0839 (Pt. SE '/a 36-20-15-W4M) from the A - Agricultural District to the CR -Country Residential District. Regular Council Minutes Page 6 August 9, 2007 D. Horvath provided background information on this application. A letter from Alberta Infrastructure & Transportation indicated that they would grant a waiver of the requirements of Section 14 of the Subdivision and Development Regulation at the time of subdivision subject to service road dedication and access management along Highway 36. D. Horvath indicated these concerns can be dealt with at the subdivision stage. 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. There were no persons in attendance speaking either in favour or in opposition to the proposed rezoning. Council was given the opportunity to ask questions. There were no questions from Council. c. 07 LUA 010 -Block 5, Plan 011 0881 (NE '/a 30-20-14-W4M) -Division 8 Garry Fletcher (Owner/Applicant) Approximately 3.59 hectares (8.87 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:13 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1623-07. Bylaw 1623-07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning Block 5, Plan 011 0881 (NE '/a 30-20-14-W4M) from the A -Agricultural District to the CR -Country Residential District. D. Horvath provided background information on this application. A letter from Alberta Infrastructure & Transportation indicated that the existing highway intersection with the municipal road appears to offer adequate access with minimal impact on Highway 550, and that they would therefore grant a waiver of the requirements of Section 14 of the Subdivision and Development Regulation at the time of subdivision. A letter from the County of Newell Department of Public Works indicated no comments or concerns with the application at this time. 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. There were no persons in attendance speaking either in favour or in ~ opposition to the proposed rezoning. Regular Council Minutes Page 7 August 9, 2007 Council was given the opportunity to ask questions. There were no questions from Council. d. 07 LUA 011 -Block 2, Plan 931 1397 (SE 1/a 15-18-14-W4M) -Division 5 Myrna Ferris (Owner/Applicant) Approximately 2.8 hectares (6.92 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:15 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1624-07. Bylaw 1624-07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning Block 2, Plan 931 1397 (SE % i 5-18-14-W4M) from the A -Agricultural District to the CR -Country Residential District. D. Horvath provided background information on this application. Three letters were received in response to this application. The City of Brooks indicated that they had no objection to this application. The County of Newell Department of Public Works also had no comments or concerns with this application at this time. The third letter was received from adjacent landowners in opposition to the proposed redesignation and raised concerns about the long-term impact on farming practices in the area. 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. There were no persons in attendance speaking in favour of the proposed rezoning. A. Zagorsky, speaking in opposition to this application, stated that the adjacent landowners are not opposed to development, they are opposed to redesignation in that it may impact farming practices in the long term. They would like to see the current farming practices preserved. D. Tweedle requested that clarification be given on the land sizes in question. D. Horvath indicated that the land referred to in the application was 2.8 hectares or 6.92 acres and is the parcel of land currently subdivided as Block 2, Plan 931 1397. ~` W. Duckett inquired about safeguards being put in place to protect current farming practices. Councillor H. Wutzke indicated that there were no actual guarantees, but there have not been any issues so far ~~ Regular Council Minutes Page 8 August 9, 2007 with complaints from neighbours stopping farming operations. Councillor C. Vermeeren explained that they try to create awareness of the implications of Country Residential lots within agricultural areas. R. Howard reiterated the concerns about the right to farm and stated that he could not see the redeeming value of this redesignation as people have been mislead about the peace and quiet of country living. He also expressed concerns about an increased traffic. Councillor M. Nesbitt left the meeting at 11:31 a.m. Council was given the opportunity to ask questions. There were several questions from Council. C-350/07 MOVED BY COUNCILLOR A. EASTMAN that the public hearings adjourn at 11:36 a.m. MOTION CARRIED Ron Howard left the meeting at 11:37 a.m. 10. BYLAWS a. Bylaw 1621-07 - 07 LUA 008 C-351/07 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1621-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 13.82 hectares (34.15 acres) of land legally known as Plan 0210729 Block 4 Lot 1 located in a Pt. N 'h 36-20-15-W4M and the S 'h 1-21-15-W4M from the A -Agricultural District to the CR -Country Residential District, receive second reading. MOTION CARRIED C-352/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1621-07 receive third and final reading. MOTION CARRIED b. Bylaw 1622-07 - 07 LUA 009 C-353/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1622-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 3.79 hectares (9.36 acres) of land legally known as Plan 9110839 Block 1 Lot 1 located in a Pt. SE 36-20-15-W4M from the A -Agricultural District to the CR - Country Residential District, receive second reading. MOTION CARRIED C-354/07 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1622-07 receive third and final reading. ~~ MOTION CARRIED \, \~, Regular Council Minutes August 9, 2007 c. Bylaw 1623-07 - 07 LUA 010 Page 9 ~^ C-355/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1623-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 3.59 hectares (8.87 acres) of land legally known as Plan 0110881 Block 5 located in a Pt. NE 30-20-14-W4M from the A -Agricultural District to the CR -Country Residential District, receive second reading. MOTION CARRIED C-356/07 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1623-07 receive third and final reading. MOTION CARRIED d. Bylaw 1624-07 - 07 LUA 011 There were several further questions from Council regarding right to farm issues and the declaration that owners of Country Residential parcels were to sign to state that they were aware of the potential irritation involved with living in an active agricultural area. Councillor A. Eckert asked if they could insist that the declaration be signed by the applicant. D. Horvath replied that this requirement could be placed as a restrictive covenant on the title at the time of subdivision. C-357/07 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1624-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 2.8 hectares (6.92 acres) of land legally known as Plan 9311397 Block 2 located in a Pt. SE 15-18-14-W4M from the A -Agricultural District to the CR -Country Residential District, receive second reading. C-358/07 MOVED BY COUNCILLOR W. DANIELS that Motion C-357/07 be tabled. VOTE ON MOTION C-357-07 MOTION DEFEATED MOTION CARRIED D. Horvath indicated that the decision of Council on rezoning is final, and recommended to Council that the motion for third and final reading of Bylaw 1624-07 be tabled until the new Land Use Bylaw is approved. C-359/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1624-07 receive third and final reading. C-360/07 MOVED BY COUNCILLOR H. WUTZKE that Motion C-359/07 be tabled. MOTION CARRIED Regular Council Minutes August 9, 2007 Page 10 C. Jakobsen, Corina Hermus, Dorothy Tweedle, Albert Zagorsky, and Wayne Duckett left the meeting at 12:07pm LUNCH Council recessed for lunch at 12:07 p.m. and reconvened at 1:09 p.m. 10. BYLAWS -continued e. Bylaw 1625-07 - 07 LUA 012 D. Horvath, County Planner, provided background information for this Land Use Amendment. The application indicates that the land is bound on the west by a natural drain and is therefore cut off from the quarter. D. Horvath stated that this application meets the requirements of the Land Use Bylaw and, therefore, the recommendation is for approval. Councillor I. Schroeder returned to the meeting at 1:11 p.m. N. Moriyama returned to the meeting at 1:12 p.m. C-361/07 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1625-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 1.69 hectares (4.18 acres) of land in Pt. SE 15-18-14-W4M from the A -Agricultural District to the CR -Country Residential District, be given first reading. MOTION CARRIED D. Horvath told Council that a full draft of the new Land Use Bylaw with mapping would be presented at the public open houses on August 21ST and 22"d. At the August 23rd Council meeting, the draft of the Land Use Bylaw will be presented for first reading and D. Horvath will give a report on the feedback from these open houses. There are still opportunities to amend the Land Use Bylaw after first reading, but the draft should move ahead as planned. 12. POST AGENDA ITEMS a. Municipal Addressing System The Assistant Administrator gave a report to Council on the Address Mapping Pilot project. The County, along with various other Municipal Districts, has been asked for $2, 000.00 to commit to an Address Mapping Pilot Project. The basis of this project is a provincial addressing system and will include the Land Titles Office, Alberta First- Call, and several utilities, such as Telus. Councillor 1. Schroeder asked if emergency response was involved as well. The Assistant Administrator replied that emergency response was not tied into the Regular Council Minutes Page 11 August 9, 2007 project yet, but all other public offices and utilities are involved and emergency response will be in the future. It was suggested that this project be mentioned in the newsletter, and also that it would be a good topic for the Foothills Little Bow Municipal Association meeting. C-362/07 MOVED BY COUNCILLOR H. WUTZKE that the 2007 budget be amended to fund the $2,000.00 share of the Address Mapping Pilot Project, from the operating fund budget for the previously approved Aerial Photo Project. MOTION CARRIED D. Horvath left the meeting at 1:26 p.m. Arrived at Meeting D. Erdman, Economic Development & Tourism Coordinator, and Kelly Christman, Vice Chair, Economic Development & Tourism Committee, arrived at 1:28 p.m. 13. COMMITTEE REPORTS a. Economic Development 1:30 p.m. K. Christman gave a summary of the Economic Development report and commended Council on recognizing the importance of first impressions. D. Erdman went over some highlights from the report, such as the progress of the Newell Partnership Opportunities project, the Newell Regional Tourism Association, Badlands Inc., biodiesel, and aquaponics. D. Erdman also announced the recruitment of an administration/project coordinator, Sarah Meggitt. Kelly Christman left the meeting at 1:49p.m. 12. POST AGENDA ITEMS b. PFRA Hydrogeological Study D. Erdman presented Council with some background on the County of Newell Groundwater Study. The project has an approved budget of -- $80,000.00, with PFRA providing $60,000.00 of funding. The contract to conduct this study was given to WorleyParsons Komex, and this company also included an optional climate change study on the l- ~~ Regular Council Minutes Page 12 August 9, 2007 groundwater inventory for the additional cost of $10,022.00, and PFRA has offered to fund 75 % of this as well. Councillor C. Vermeeren asked if the additional data required to conduct the climate change study would be provided at no cost to the County. D. Erdman replied that he had put this as a condition of his recommendation to accept the optional study. Councillor A.M. Philipsen expressed concerns that this optional study would be extremely generalized. D. Erdman replied that the study would be done specifically with County of Newell data. C-363/07 MOVED BY COUNCILLOR C. VERMEEREN that the request for proposal received from WorleyParsons Komex in the amount of $89,984 for the County of Newell hydrogeological study and potential effects of climate change on the ground water be approved and that the project be financed $67,488 from the PFRA grant, $17,500 from the 2007 General Government operating budget and $4,996 from the 2007 Economic Development & Tourism underexpenditures. MOTION CARRIED D. Erdman left the meeting at 2:07 p.m. 14. QUESTION PERIOD/NOTICE OF MOTION Councillor W. Daniels provided a Notice of Motion that will be added to the August 23, 2007 Council agenda as follows: "That Motions C-326/07, C-327/07, C-329/07, and C-330/07 be rescinded." Councillor A. Eckert asked for an update on the Telus lines. The Assistant Administrator will bring this item to the August 23, 2007 Council meeting. 15. INFORMATION ITEMS There were no information items to discuss. A. McCuaig and S. Stanway left the meeting at 2:09 p.m. 16. IN CAMERA C-364/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 2:09p.m. (~ MOTION CARRIED ~~ Regular Council Minutes August 9, 2007 Page 13 C-365/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move out of camera at 2:25 p.m. MOTION CARRIED 17. ADJOURN C-366/07 MOVED BY COUNCILLOR C. VERMEEREN that the meeting adjourn at 2:25 p.m. MOTION CARRIED Reeve ~- ~ ounty Administrator