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HomeMy WebLinkAbout2006-06-08 Council (Regular) MinutesCOUNTY OF NEWELL NO. 4 MINUTES OF COUNCIL MEETING ''~ JUNE 8, 2006 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 8, 2006 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: 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 ATTENDANCE: K. Rothbauer, Brooks Bulletin R. Kiedrowski, Brooks & County Chronicle 1. EXCUSED FROM MEETING All members were in attendance at this meeting. 2. MINUTES Council Minutes - Mav 25. 2006 The following change was made to the May 25, 2006 minutes: a. Page 14 -paragraph 13.11-last point -replace "Utilizing" with "Asking" and insert the word "operators" after "seismic" r-~G-245/06 MOVED BY COUNCILLOR A. ECKERT that the May 25, 2006 Council minutes be adopted as amended. MOTION CARRIED Regular Council Minutes Page 2 June 8, 2006 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-246/06 MOVED BY COUNCILLOR I. SCHROEDER that we adopt the agenda as amended. MOTION CARRIED 5. BUSINESS FROM MINUTES There was no business from the minutes. 6. CORRESPONDENCE a. Rolling Hills Golf Club -Public Reserve Funded Proiect P A letter was presented to Council from the Rolling Hills Golf Club _ .. . ~Gyvcs-l-r'7y c....~ c~fc.~si0.9-!`~ ~~- ,dj- rt• oy ~ ~e-.~,~~~' fi~•- ~t~ ~ s~ ~q- ,~..+.y ~~~. /l.~sc..~,.c.-¢.,~-~c11~ This item is deferred until receipt of a letter from the Rolling Hills Golf ~ Club detailing costs to date. b. Appointment -Brooks & District Chamber of Commerce Board A letter was presented to Council from the Brooks & District Chamber of Commerce requesting that the County appoint a member of Council as a representative with voting privileges to the Brooks & District Chamber of Commerce Board for the year 2005/2006. C-247/06 MOVED BY COUNCILLOR H. WUTZKE that we appoint Councillor Philipsen with Councillor Nesbitt as the alternate to the Brooks & District Chamber of Commerce Board for the year 2005/2006. MOTION CARRIED 7. STAFF DELEGATIONS a. John Dell, County Assessor 1. Alberta Municipal Affairs -Assessment of Industrial Property Regular Council Minutes Page 3 June 8, 2006 County Assessor, John Dell, arrived at the meeting at 10:13 a.m. A letter was presented to Council from Alberta Municipal Affairs regarding assessment of several types of industrial property. The County Assessor presented and reviewed copies of Industrial Assessment Rate Review information. The Administrator will send a letter to Alberta Municipal Affairs to obtain further information on new assessments. The County Assessor left the meeting at 10:31 a.m. b. Patty Urban, Development Control Officer 1. Development Permit 2897 - Pt. SE 19-19-14-W4 -Div. 10 Lakeside Feeders Ltd (Owner) / Mr. Doug Bell (Applicant) Existing Employee Lodging Facility Development Control Officer, Patty Urban, arrived at the meeting at 10:32 a.m. and gave the background on this development permit. C-248/06 MOVED BY COUNCILLOR C. VERMEEREN that approval be granted for Development Permit 2897 and that these buildings ~ and uses be classified as "Dwelling Units" for the purpose of employee lodging within the DC -Direct Control District. Approval is granted for the development of four 479 m2 prefabricated residential buildings and a 30 m2 security building, as described in this application and shown on the site plan submitted May 2, 2006, on the SE 19-19-14-W4M, containing 1.72 acres, where the following are required prior to commencement of construction, final approval and issuance of this permit: a. The developer providing the Development Officer with a copy of a building and/or occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell. b. The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the existing septic system is suitable for this use. c. The developer providing the Development Officer with written evidence from the Palliser Health Authority approving this use. ~.-. and subject to the following conditions: Regular Council Minutes Page 4 June 8, 2006 1. This permit is being granted only for the existing four 479 m2 prefabricated residential units and 30 m2 security building as described in this application, within the SE 19-19-14 W4M, containing 1.72 acres. Any additional development, or change in use, shall require prior approval of a separate permit application. 2. 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. Alberta Fire Code where applicable. e. any concerns put forth by the Palliser Health Authority. 3. 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. 4. The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear *30m **3m **3m Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. that proposed buildings are consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. c. that the site is graded so that storm water does not drain onto adjoining properties. d. there is proper and legal access provided to the property. e. that access can be provided for Emergency Services vehicles to all sides of the buildings. f. that adequate parking space is available for these uses. - ,~ Regular Council Minutes June 8, 2006 Page 5 ~ g. there is proper disposal of sewage and waste from this use and that the appropriate septic system is utilized for this development. h. the property is maintained to the satisfaction of the Development Officer. i. that construction materials, supplies and equipment are stored on the property and not on the public roadway. j. that continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. k. that all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. I. there is no contamination of soil, surface water or groundwater from this use. 5. The applicant providing to the Development Authority written evidence from the Palliser Health Authority that the lodging facility has been inspected and satisfies any concerns put forth by the Palliser Health Authority. This shall be done, commencing from the date of approval, every three years thereafter during the life of the ~'~ development. MOTION CARRIED The Development Control Officer left the meeting at 10:43 a.m. 8. CHEQUES FOR PAYMENT C-249/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that cheques 156278 to 156361 and Direct Debit Batch 10641, in the total amount of $600,008.39, be approved. MOTION CARRIED 12. OTHER BUSINESS a. Emer~encv Public Warning System An email was presented to Council from Emergency Management Alberta on two upcoming Emergency Public Warning System training sessions. Regular Council Minutes June 8, 2006 Page 6 C-250/06 MOVED BY COUNCILLOR W. DANIELS that the Director and Deputy Director of the Disaster Services Committee and the County Administrator be nominated as our authorized users of the Emergency Public Warning System, and that they attend the June 14, 2006 Emergency Public Warning System training session at the Brooks Fire Hall from 9:00 a.m. to 12:00 p.m. MOTION CARRIED R. Kiedrowski left the meeting at 10:50 a.m. b. Tour of Newell Regional Landfill Council will tour the Newell Regional Landfill site on June 22"d at 8:30 a.m. 13. POST AGENDA ITEMS a. Grace Cattle Carriers A letter was presented to Council from Grace Cattle Carriers Inc. inviting Council to tour the Vanee Truck Wash site in Lethbridge on either June 19th or June 20th. --_, C-251/06 MOVED BY COUNCILLOR A. ECKERT that Council accepts the \``~ invitation from Grace Cattle Carriers Inc. to tour the Vanee Truck Wash site in Lethbridge. MOTION CARRIED C-252/06 Arrived at Meeting MOTION CARRIED Development Control Officer -Patty Urban, County Planner -Tammy Henry, and approximately 39 ratepayers arrived at the meeting at 11:00 a.m. 9. MOVED BY COUNCILLOR C. VERMEEREN that the tour take place on June 20, 2006. PUBLIC HEARINGS b. 05 LUA 007 -Bylaw 1577-06 - Pt. S'/z 5-19-15-W4 -Division 5 D.A. Dick (Owner) /Cory Baksa (Applicant) (Approx 39.72 acres) A -Agricultural District to DC -Direct Control District Regular Council Minutes June 8, 2006 Page 7 ~,-. 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 1577-06. Bylaw 1577-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the S% 5- 19-15-W4 from the Agricultural District to the Direct Control District. The County Planner gave the background on this application. Reeve Douglass reviewed the procedures that would be followed for the hearing. Cory Baksa stated she would like to have only the house site zoned as Direct Control, not the entire site, so the house can be subdivided out, and stated her concern that the area structure plan may not be adopted this fall as scheduled. Council asked several questions on the zoning designation of the parcel. c. 06 LUA 008 -Bylaw 1575-06 - Pt. NE 31-15-13-W4 -Division 1 Rick Farms Ltd (Owner) / Franz Wiebe -Oasis Trailer Manufacturing ~ Ltd (Applicant) (Approx 30.07 acres) A -Agricultural District to HWY C - Highway Commercial District A. Giesbrecht and F. Wiebe were in attendance for this item. Reeve Douglass called the Public Hearing to order at 11:20 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1575-06. Bylaw 1575-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the NE 31- 15-13-W4 from the Agricultural District to the Highway Commercial District. The County Planner gave the background on this application. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional individuals present. Council was given the opportunity to ask questions of the County There were no questions. d. 06 LUA 010 -Bylaw 1574-06 - Pt. NE 13-21-16-W4 -Division 7 Tammie Cage (Owner) (Applicant) (Approx 22.67 ac) A -Agricultural District to CR 2 -Country Residential 2 District Regular Council Minutes Page 8 June 8, 2006 Reeve Douglass called the Public Hearing to order at 11:24 a.m The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1574-06. Bylaw 1574-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of the NE 13- 21-16-W4 from the Agricultural District to the Country Residential 2 District. The County Planner gave the background on this application. Letters of opposition to this application were received. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional individuals present. Tom Parker, speaking on behalf of the applicant, stated that Country Residential zoning is what the applicant has applied for, not Country Residential 2, and that it is not the applicant's intention to build numerous homes on the parcel. He also expressed concern that the CR2 zoning could lead to more industry in the area. Hugh Ham, legal counsel speaking in opposition to this application on behalf of Gordon Gallup, stated the predominant use in the area is Agricultural and uses that are compatible within an Agricultural District should be encouraged; that the area is not suited for a hamlet type development; that this application should not be approved unless evidence is presented that the groundwater will not be impacted; that the road in question is not exceptionally busy; that this application is not in keeping with good planning; and that the cumulative impact must be considered. Several individuals in opposition to this application stated their concerns as follows: • that more commercial businesses will occur in the area if Country Residential 2 zoning is approved; • this application should be considered for Country Residential zoning as there are other parcels in the area zoned Country Residential already; • that a hamlet could be built on the parcel if residential zoning is approved; • to whom the applicant will sell homes to in future; increased vehicular traffic in the area; water and sewer concerns; • the application is not compatible with farming operations; • Country Residential zoning is out of place. Those in favour of this application in their rebuttal stated: Regular Council Minutes Page 9 June 8, 2006 • their objection to Country Residential 2 zoning but that this ,~ application should be considered for Country Residential zoning as there are other parcels in the area zoned Country Residential already; • a gas well on the site in question limits the number of homes that can be built on the parcel; and • they do not oppose further Country Residential zoning as there is already Country Residential in place. a. 06 LUA 006 -Bylaw 1568-06 - Pts. NW 22-18-14-W4 & SW 27-18- 14-W4 -Division 5 Heinz & Lydia Traichel (Owner)/Sandy Traichel (Applicant) (Approx 21.21. ac) A -Agricultural District to AI -Agricultural Industrial District Reeve Douglass called the Public Hearing to order at 11:40 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1568-06. Bylaw 1568-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning portions of the NW 22- 18-14-W4 and SW 27-18-14-W4 from the Agricultural District to the Agricultural Industrial District. r,..., The County Planner gave the background on this application. Numerous letters in opposition to this application have been received, and two telephone calls from property owners in favour of the request have been received. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional individuals present. Barry Miskuski, legal counsel representing Sandy Traichel, provided a brief history of this application, and provided copies of the arguments in favour of this application, which included: • the size of the parcel, which is partly within the East Silver Sage Road Area Structure Plan and partly outside, is not large enough to be fragmented so changing the land use for the whole parcel is preferred; • soil limitations of the parcel make it unsuitable for agricultural uses; • the parcel has an access road to producing gas wells. No development can occur within 100 meters of gas wells, and the parcel is not in line to be annexed to any larger parcel; • the parcel is several hundred meters easterly from the Timko ~- Industrial Area Structure Plan. To the east and north are lands operated by the Horticultural Centre; and Regular Council Minutes Page 10 June 8, 2006 • the parcel has been used for agricultural industrial purposes for approximately four decades. Council asked the following questions: • Councillor Schroeder asked several questions on noise levels and dust control. Terry Melnychuk, Twin Sandblasting and Surfacing Ltd., indicated that the decibel level from the sand blasting is not any higher than from passing train sounds; and they may look at the possibility of enveloping the existing business to restrict dust and sound. • Councillor Daniels asked if the land use change is approved, would a new development permit be required. The County Planner stated yes to this question. • Councillor Nesbift questioned the safety of the business, the viability of this business, and if more businesses will be considered in this area. Sandy Traichel responded that at this time, she would like to have the zoning discussed before discussing other activities on site. Ron Howard, Alberta Agriculture, CDC South, speaking in opposition to this matter on behalf of the Research Centre, had concerns with dust and noise from the site; staff health and safety; airborne --~ pollutants; and dust exposure. ~} Ida Liscum, speaking on behalf of those opposed to this, application, requested Council's permission for the group to recess to review the submission from Barry Miskuski, legal counsel representing the applicant. Council had no objection to this request. The public hearing was recessed and the group left the meeting at 12:10 P.M. 10. BYLAWS c. Bylaw 1575-06 - 06 LUA 008 C-253/06 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1575-06, to rezone approximately 12.17 hectares (30.07 acres) of land in Pt. NE 31-15-13-W4 from A -Agricultural District to HWY C -Highway Commercial District, receive second reading. MOTION CARRIED C-254!06 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1575-06 receive third and final reading. - MOTION CARRIED i , Regular Council Minutes June 8, 2006 ~-. b. Bylaw 1577-06 - 05 LUA 007 Page 11 C-255106 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1577-06, to rezone approximately 16.07 hectares (39.72 acres) of land in Pt. S'/2 5-19-15-W4 from A -Agricultural District to DC -Direct Control District, receive second reading. C-256/06 MOVED BY COUNCILLOR A. ECKERT that we amend Motion C- 255/06 to rezone only approximately 3 acres, representing the dwelling parcel, in Pt. S'/2 5-19-15-W4 from A -Agricultural District to DC -Direct Control District. MOTION DEFEATED Vote on Motion C-255/06 -MOTION CARRIED C-257/06 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1577-06 receive third and final reading. MOTION CARRIED d. Bylaw 1574-06 - 06 LUA 010 ~„1C-258/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1574-06, to rezone approximately 9.17 hectares (22.67 acres) of land in Pt. NE 13-21-16-W4M from the Agricultural District to the Country Residential 2 District, receive second reading. .4 ~''~ C-259/06 MOVED BY COUNCILLOR W. DANIELS that we table second reading of Bylaw 1574-06. MOTION CARRIED Three ratepayers leff the meeting at 12:17 p.m. 9. PUBLIC HEARINGS CON'T a. 06 LUA 006 -Bylaw 1568-06 - Pts. NW 22-18-14-W4 & SW 27-18- 14-W4 -Division 5 Heinz & Lydia Traichel (Owner)/Sandy Traichel (Applicant) (Approx 21.21. ac) A -Agricultural District to AI -Agricultural Industrial District Con't The public hearing reconvened at 12:21 p.m. Regular Council Minutes Page 12 June 8, 2006 Ida Liscum, speaking for the delegation in opposition, presented copies of a document to Council outlining their arguments against this application which included: • the parcel has a roadway connecting to the County's tourist attractions such as the ~asa~~Hatchery, the Horticultural Research Station, Tillebrook Park, the Aquaduct, and also to the Brooks Campus of the Medicine Hat College; • the proposed land use change will negatively impact property values and lifestyles; • a proposed land use change to this property is not in keeping with the current trend for the area; • the business in question has been operating for an extended period of time and not paying the appropriate tax rate; • the parcel under this application has become a nuisance parcel under the present development permit; and • fears that industrial use will increase. Comments from other individuals opposed included: • a 13 year old child with asthma read from a letter regarding the benefits of living in the country, changing the rules and regulations, and the number of trucks using the road; • there is no shortage of alternative and suitable industrial land; • the parcel is not compatible with the country residential area; • contaminates from items being sandblasted and the environmental impacts; • rural character of the area to be maintained; • the potential increase in traffic; • noise • contaminants from the sandblasting operations draining into One Tree Creek; • residents purchased with the understanding that the area would remain agricultural; and • not compatible with the County's Mission Statement. Barry Miskuski, in rebuttal to the comments of those opposed, provided a preview of the Development Permit conditions for land use change; and referred to the uses under the Agricultural Industrial District that are permissible regarding this application. !n closing, Sandy Traichel stated she is trying to work with Council and area neighbours to rectify this situation; commented on the commercial infrastructure already in place on the site; and she is hoping that a viable solution can be agreed upon. ~ The Public Hearing was adjourned at 1:01 p.m. Regular Council Minutes Page 13 June 8, 2006 ~" The Development Control Officer, County Planner and members of the public left the meeting at 1:02 p.m. LUNCH Council recessed for lunch from 1:02 p.m. to 1:34 p.m. Arrived at Meeting County Planner -Tammy Henry, Development Control Officer -Patty Urban, a~~. K. Rothbauer„~Jennifer Trenerry attended the meeting. 11. STAFF DELEGATIONS a. Tammy Henry, County Planner 1. Municipal Plannins~ Commission -New Items a. 06 NL 004 - Pt. SW 10-19-14-W4 ~ Alex & Linda Currie (Owner/Applicant) Subdivision of approximately 11.83 hectares (29.23 acres) into eight CR -Country Residential lots C-260/06 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 06 NL 004 for the subdivision of approximately 11.83 hectares (29.23 acres) into eight CR -Country 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 providing a 6-metre or 9.5 metre utility right of way in favor of utility companies. This will be dependent on whether the utility right of way is to be shared or solely in favor of ATCO Gas. 4. The applicant entering into a development agreement for '~ the development of this subdivision as identified under Section 655 of the Municipal Government Act. The \~ Regular Council Minutes Page 14 June 8, 2006 preparation, registration and discharge of the caveat will be at the cost of the applicant. 5. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. A caveat may be placed on the title for this requirement. 6. 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. 7. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 8. The applicant providing a registrable right of way for the Eastern Irrigation District's canal on the affected lands. 9. The applicant entering into an appropriate water agreement with the Eastern Irrigation District for surface irrigation. 10. The applicant forming a homeowners association to be responsible for ongoing maintenance of municipal reserve parcels and public utility lots within the subdivision area. 11. The applicant supplying and locating a dry water hydrant approved by the Rural/Brooks Fire Chief. 12. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Jennifer Trenerry left fhe meeting at 1:41 p.m. Arrived at Meeting Karen Peters arrived of the meeting at 1:42 p.m. b. 06 NL 005 - Pt. S'/z 5-19-15-W4 -Division 5 Canadian Pacific Railway (Owner) /Midwest Surveys & Pommen Group (Applicant) Subdivision of Industrial parcel along railway adjacent to Cassils for a land transfer C-261/06 MOVED BY COUNCILLOR I. SCHROEDER that Subdivision 06 NL 005 for the subdivision of a 4.05 hectare (10.01 acre) Industrial parcel (from railway plan RY 11), be recommended to the Subdivision Authority subject to the following conditions: J Regular Council Minutes Page 15 June 8, 2006 r'"' 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, upgrade or removal of any required road approaches to the proposed parcels. A caveat may be placed on the title for this requirement. 4. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. The applicant constructing a minimum 1.86-metre fence along the affected property. 6. The applicant providing a landscaping plan for the south boundary of the property. 7. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $7,500.00 per acre. 8. `'^ That all outstanding municipal taxes be paid prior to endorsement. MOTION CARRIED Karen Peters left the meeting at 1:45 p.m. 10. BYLAWS CON'T a. Bylaw 1568-06 - 06 LUA 006 C-262/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1568-06, to rezone approximately 8.58 hectares (21.21 acres) of land in Pts. NW 22-18-14-W4 and SW 27-18-14-W4 from A -Agricultural District to AI -Agricultural Industrial District, receive second reading. MOTION CARRIED C-263/06 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1568-06 receive third and final reading. MOTION CARRIED The delegation left the meeting at 1:50 p.m. ~,..'` ~~ Regular Council Minutes Page 16 June 8, 2006 12. STAFF DELEGATIONS CON'T b. Tammy Henry, County Planner 1. Municipal Planning Commission -New Items c. 06 LUA 009 -Bylaw 1578-06 - Pt. NW 18-21-15-W4 -Div. 7 Gordon & Allison Gallup (Owner) / Municipal Counsellors Inc. (Applicant) (Approx 3.06 ac) A -Agricultural District to DC -Direct Control District C-264/06 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1578-06 to amend Land Use Bylaw 1443-03 by rezoning approximately 8.19 acres of land in Pt. NW 18-21-15-W4 from A -Agricultural District to DC -Direct Control District, be given first reading. MOTION CARRIED d. 06 LUA 011 -Bylaw 1579-06 - Pt. NE 13-21-16-W4 -Div. 7 N. William & Roselynn Easter (Owner/Applicant) (Approx 4.16 ac) A -Agricultural District to CR -Country Residential District C-265/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1579- 06 to amend Land Use Bylaw 1443-03 by rezoning approximately 1.68 hectares (4.16 acres) in Pt. NE 13-21-16- W4 from A -Agricultural District to CR -County Residential District, be given first reading. MOTION CARRIED e. 06 LUA 012 -Bylaw 1580-06 - Pt. NE 7-19-14-W4 -Div. 10 Darrell & Kathleen Smith (Owner/Applicant) (Approx 133.03 ac) A -Agricultural District to I -Industrial District C-266/06 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1580- 06 to amend Land Use Bylaw 1443-03 by rezoning approximately 53.84 hectares (133.03 acres) in Pt. NE 7-19-14- W4 from A -Agricultural District to I -Industrial District, be given first reading. MOTION CARRIED f. 06 LUA 014 -Bylaw 1582-06 - Pt. SW 29-21-17-W4 -Div. 6 Maxine Chizik (Owner/Applicant) (Approx 66.4 ac) A -Agricultural District to RUR -Rural Residential District L Regular Council Minutes June 8, 2006 Page 17 .:-267106 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1582- 06 to amend Land Use Bylaw 1443-03 by rezoning approximately 22.66 hectares (56.0 acres) in Pt. SW 29-21-17- W4 from A -Agricultural District to RUR -Rural Residential District, be given first reading. MOTION CARRIED g. 06 NL 006 - Pt. SE 31-15-15-W4 -Division 4 S & K Farms (Owner/Applicant) Subdivision of recently approved 1.74 hectares (4.3 acres) Rural Residential parcel from Agricultural land C-268/06 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 05 NL 006 for the subdivision of a RUR -Rural Residential parcel of approximately 1.74 hectares (4.3 acres), 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 the 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 meeting any 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 Eastem Irrigation District and providing a copy of this agreement to the County prior to endorsement. 5. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. A caveat may be placed on the title for this requirement. 6. The applicant signing the declaration noted in the County's Municipal Development Plan 1442-03, policy 3.7.c. 7. That all outstanding municipal taxes be paid prior to the endorsement. /'_'' MOTION CARRIED The County Planner left the meeting at 2:77 p.m. Regular Council Minutes Page 18 June 8, 2006 13. POST AGENDA ITEMS CON'T b. Orval Shantz -Authority to Allow the Village of Duchess to Purchase Property within the County of Newell A letter was presented to Council from Orval Shantz requesting that the County execute a Consent for the Transfer of Land. C-269106 MOVED BY COUNCILLOR A. ECKERT that we execute a Consent for the Transfer of Land to allow the Village of Duchess to purchase property within the County of Newell No. 4. MOTION CARRIED K. Rothbauer left the meeting at 2:19 p.m. Arrived at Meeting Agricultural Fieldman, Steve Wylie, arrived at the meeting at 2:24 p.m. c. Request for Relaxation to Tree Setback A letter was received from Brenda Finnerty requesting that a waiver be granted for a tree setback for trees to be planted along their , property line. C-270/06 MOVED BY COUNCILLOR C. VERMEEREN that we grant a waiver of the setback for the planting of trees on NW 32-20-14-W4 five metres away from the property line noting that if we need to widen the road the applicant will be responsible for moving the trees at the applicant's own expense. MOTION DEFEATED d. Rodeo Breakfast A.n . S~'''~ The Rodeo Breakfast~nrill commence at 6:00 a.m. on June 9t" at the City Hall parking lot. e. Red Deer River Basin Watershed Alliance Committee Annual Meeting Councillor Eckert requested Council consideration to be reimbursed for expenses incurred for travel on June 8r" to attend the annual meeting of the Red Deer River Basin Watershed Alliance Committee at lnnisfail on June 9t" at 10:00 a.m. Regular Council Minutes Page 19 June 8, 2006 ~ :-271/06 MOVED BY COUNCILLOR M. NESBITT that Councillor Eckert be reimbursed his expenses on June 8, 2006 to attend the annual meeting of the Red Deer River Basin Watershed Alliance Committee at Innisfail on June 9th at 10:00 a.m. MOTION DEFEATED C-272106 MOVED BY COUNCILLOR H. WUTZKE that Councillor Eckert be reimbursed for hotel expenses on June 8, 2006, but that no per diems be paid for that date, to attend the Red Deer River Basin Watershed Alliance Committee annual meeting at Innisfail on June 9, 2006. MOTION CARRIED f. Bow River Basin Council -Gala & Workshop Councillor Vermeeren requested Council consideration to be reimbursed hotel expenses of June 15r" and 16r" to attend the Bow River Basin Council Gala and Workshop in Calgary on June 16, 2006 at 8:00 a.m. C-273/06 MOVED BY COUNCILLOR H. WUTZKE that Councillor Vermeeren ~ ~•r"~ be reimbursed his hotel expenses of June 15th and 16th, but that no Pte. d~~s me be paid for that date, for travel to attend the Bow River Basin Council Gala and Workshop in Calgary on June 16, 2006. MOTION CARRIED 14. COMMITTEE REPORTS a. Municipal Planning Commission No report. b. Assessment Review Board An Assessment Review Board meeting is scheduled for August 21 Sr at 1:00 p.m. c. Regional Services Ad Hoc Committee Councillor Daniels provided the following report from a meeting held on June 6r": T"' ~" v" Regular Council Minutes Page 20 June 8, 2006 • Brian Austrom will continue with the implementation ` portion of the Municipal Partnership program. • One member from each of the five member municipalities will make up the partnership; and • The next meeting will be held on August 29th at 7:00 p.m. in the Council boardroom. d. Road Ban Committee The Road Ban Committee will meet tonight. e. Transportation Committee A short discussion was held on the establishment and mandate of this committee. 15. QUESTION PERIOD/NOTICE OF MOTION A question period was held. 16. INFORMATION ITEMS There were no information items. 17. IN CAMERA C-214/06 MOVED BY COUNCILLOR C. VERMEEREN that we move in camera at 3:19 p.m. MOTION CARRIED C-275/06 MOVED BY COUNCILLOR I. SCHROEDER that we move out of camera at 4:23 p.m. MOTION CARRIED ~~ Regular Council Minutes June 8, 2006 r..-. 18. ADJOURN Page 21 C-276106 MOVED BY COUNCILLOR C. VERMEEREN that the meeting adjourn at 4:24 p.m. MOTION CARRIED ~^ Reeve ~~c County Administrator /-~