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HomeMy WebLinkAbout2009-05-07 Council (Regular) Minutes COUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING May 7, 2009 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 7, 2009 commencing at 10:03 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A.M. Philipsen J. Harbinson S. Evans A. Eastman B. de Jong H. Wutzke ABSENT: R. Andrews STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Assistant Administrator M. Kreke, Municipal Intern D. Horvath, Oldman River Regional Services Commission A. Wickert, Development Control Officer G. Tiffin, Manager of Information Technology M. Harbicht, Superintendent of Public Works A. Clapton, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Kiedrowski, Brooks & County Chronicle M. Fitzgerald, Q-13 Fox Radio Gordon Gallup (DP #3299) Rebecca Gallup (DP #3299) Tom Parker (DP #3299) Tammie Parker (DP #3299) Don Hajash (09 LUA 002) Sandra Hajash (09 LUA 002) Albert Dovichak (09 LUA 003) Tony Dovichak (09 LUA 003) Mike Bahr (Disposal of Municipal Reserve) Doreen Daniels (Disposal of Municipal Reserve) Leonard Fenez (Disposal of Municipal Reserve) Rita Fenez (Disposal of Municipal Reserve) Tony Genovese (Disposal of Municipal Reserve) Richard Heringer (Disposal of Municipal Reserve) Lynn Pye-Matheson (Disposal of Municipal Reserve) Curtis Skanderup (Disposal of Municipal Reserve) ~~ Regular Council Minutes Page 2 May 7, 2009 1. EXCUSED FROM MEETING C-142/09 MOVED BY COUNCILLOR J. HARBINSON that Councillor R. Andrews be excused from the meeting. MOTION CARRIED 2. MINUTES The following changes were made to the April 23, 2009 Counci! minutes: Page 12 -Item 12(I) should read "..Premier E. Stelmach had visited Playfair Lodge in Bassano for a tour recently." C-143/09 MOVED BY COUNCILLOR A. EASTMAN that the April 23, 2009 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-144/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the agenda be adopted as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT The Assistant Administrator responded to questions from Council. Councillor W. Daniels inquired about including the cheque register with the minutes. The Chief Administrative Officer indicated that this issue would be discussed during the next Council Workshop Session. C-145/09 MOVED BY COUNCILLOR J. HARBINSON that cheques 164790 to 164800 in the amount of $299,813.23 and cheques 164801 to 164903 in the amount of $416,540.91 be approved. MOTION CARRIED 6 BUSINESS FROM MINUTES a. Letter Requesting that Penalties for Late Payment of Taxes be Waived Council discussed a letter requesting that Council reconsider their decision not to waive the penalties that were applied to Tax Roll No. 1131100. - Regular Council Minutes May 7, 2009 Page 3 C-146/09 MOVED BY COUNCILLOR B. DE JONG that the penalties in the amount of '^ $59.84 applied to Tax Roll No. 1131100 as a result of an unpaid Water & Sewer Levy be refunded for compassionate reasons due to the physical circumstances of the ratepayer and the past history of timely payments. MOTION CARRIED 7. OTHER BUSINESS b. ASB -Appointment Weed Control Act C-147/09 MOVED BY COUNCILLOR A. EASTMAN that we appoint Randy Baksa as an Inspector for the County of Newell No. 4 pursuant to Section 5 of the Weed Control Act. MOTION CARRIED c. ASB -Appointment Agricultural Pest Act C-148/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that we appoint Randy Baksa as an Inspector for the County of Newell No. 4 pursuant to Section 5 of the Agricultural Pest Act. MOTION CARRIED d. Kinsmen Rodeo Pancake Breakfast (June 5, 2009) A letter from the City of Brooks inviting the County of Newell No. 4 to participate in the Kinsmen Rodeo Pancake Breakfast was presented to Council. It was noted thaf Councillors 1. Schroeder, R. Andrews, S. Evans, B. de Jong, and the Chief Administrative Officer would be at the FCM 2009 Conference at this time. C-149/09 MOVED BY COUNCILLOR I. SCHROEDER that we accept the invitation from the City of Brooks to participate in the Kinsmen Rodeo Pancake Breakfast being held on June 5, 2009 at 7:00 a.m., and that the County of Newell No. 4 agrees to cover 50% of the costs. MOTION CARRIED e. Policy 2009-PAD-054 -Staff Relations Committee The Chief Administrative Officer presented Council with Policy 2009-PAD-054. C-150/09 MOVED BY COUNCILLOR S. EVANS that Policy 2009-PAD-054 be adopted as presented. r-- MOTION CARRIED ~v--~-D Regular Council Minutes Page 4 May 7, 2009 10. POST AGENDA ITEMS a. NRSC Tender Award Approval Council was presented with a recommendation from the Newell Regional Services Corporation to accept the low bid for the tender of Contract #2 (Pipeline to Rolling Hills). Councillor 1. Schroeder responded to questions from Council. C-151/09 MOVED BY COUNCILLOR I. SCHROEDER that the County of Newell No. 4 APPROVES the lowest tender in the amount of $4,387,455.98 plus GST from Brute Force Oilfield Hauling Inc. for the Newell Regional Services Committee Water Pipeline to Rolling Hills -Contract No. 2. MOTION CARRIED ARRIVED AT MEETING Tammie Parker, Tom Parker, G. Gallup, and R. Gallup arrived at 10:28 a.m. 7. OTHER BUSINESS -continued a. DP #3299 - NW 18-21-15-W4 DC -Direct Control District (Division 5) Gordon Gallup (Owner/Applicant) Intensification of Use Council was presented with information regarding Development Permit #3299, which is an application for the intensification of use of a commercial operation. Tom Parker indicated that he had spoken with M. Gallup following the December 11, 2008 Council meeting, who intends to expand the business in the future. T. Parker proposed that the intensification of use be permitted for three months to determine the impact on adjacent landowners. The Development Control Officer presented background information on this item. She noted that the original business was approved with a 3-year temporary permit, which will be reviewed in October 2009. The addition of an agitator installation business would involve 2-3 additional trucks being serviced per month with no exterior changes to the existing shop. She also noted that several letters of support have been received from adjacent landowners, and that she conducted a site visit of the property, which is well-maintained. Council was given the opportunity to ask questions. Councillor A. Eastman requested clarification of the number of trucks that would be serviced on the property. G. Gallup distributed information regarding Regular Council Minutes Page 5 May 7, 2009 the number of agitators that have been installed over the last five years, indicating that the average is about 1 truck per 1.5 weeks. Councillor '"^~ A.M. Philipsen asked about the financial investment involved, and G. Gallup replied that the investment had already been made; they would be moving the equipment from one yard to another. He indicated that he would like an ongoing development permit. Councillor 1. Schroeder inquired about when the permits would be reviewed again, and the Development Control Officer recommended that this permit be approved until October 2009 so that both permits could be reviewed at the same time. C-152/09 MOVED BY COUNCILLOR I. SCHROEDER that Council APPROVES Development Permit #3299 for an addition to the use of the existing shop to include the installation of agitators into vacuum trucks on a temporary basis until October 2009. MOTION CARRIED LEFT THE MEETING Tammie Parker, Tom Parker, G. Gallup, and R. Gallup left the meeting at 10:41 a.m. 10. POST AGENDA ITEMS -continued b. Oldman River Regional Services Commission - Contract for Planning Services The Assistant Administrator presented Council with an updated contract with ORRSC for planning services. This new contract will allow ORRSC to provide planning services to the County of Newell on an ongoing basis. The Assistant Administrator responded to questions from Council. C-153/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the amended agreement between the County of Newell No. 4 and the Oldman River Regional Services Commission for the provision of planning services effective January 1, 2008 be APPROVED. MOTION CARRIED c. Letter from Grasslands Regional FCSS Re: Wild Rose Foundation Funding Council was presented with a letter from Grassland Regional FCSS which expressed concerns with the elimination of the Wild Rose ,~- Foundation. Council discussed the impact this could have on volunteer organizations. ~~~ Regular Council Minutes May 7, 2009 d. National Nursing Week (May 11-17, 2009) Page 6 Council was presented with a letter from the College & Association of Registered Nurses of Alberta requesting that May 11-17, 2009 be proclaimed Nursing Week. C-154/09 MOVED BY COUNCILLOR B. DE JONG that the County of Newell No. 4 hereby proclaims May 11-17, 2009 as Nursing Week. MOTION CARRIED e. University of Lethbridge Presidential Search Council was presented with a letter from the University of Lethbridge requesting feedback on the criteria to be used when evaluating potential candidates for a new President. This item was accepted as information. g. Premier's Presentation -Bassano Reeve M. Douglass received a call from G. Armstrong enquiring if the County could donate $100.00 for a painting that was presented to Premier E. Stelmach during a recent visit to the area. C-155/09 MOVED BY COUNCILLOR J. HARBINSON that the County of Newell support the request from George Armstrong and provide $100.00 towards the donation of a painting to Premier E. Stelmach during his visit to Bassano, AB. MOTION CARRIED h. Agreement with Patricia Community Hall Council was presented with a list of expenditures and a request from the Patricia Hall Board for the balance of their Municipal Public Reserve funding allocation. The Chief Administrative Officer indicated that the Patricia Hall Board had paid the invoices themselves, rather than submitting invoices for the County to pay. The Chief Administrative Officer responded to questions from Council. C-156/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that Council APPROVES payment in the amount of $34,980.00, which is the balance of the Public Reserve grant, to the Patricia Hall Board upon receipt of the paid invoices listed in Schedule A of the agreement. MOTION CARRIED LEFT THE MEETING uncillor S. Evans left the meeting at 10:56 a.m. Regular Council Minutes May 7, 2009 8. PUBLIC HEARINGS ~.-. Page 7 a. Bylaw 1658-09 - 09 LUA 001 (Brooks Urban Fringe District) Reeve M. Douglass called the Public Hearing to order at 10:59 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1658-09. Bylaw 1658-09 is a bylaw to amend Land Use Bylaw 1626-07 by adding a new district known as BUF -Brooks Urban Fringe District to Schedule 1 and 2, and by redesignating lands from A -Agricultural District and OF -Urban Fringe District to BUF -Brooks Urban Fringe District as shown in the map in Schedule B. D. Horvath provided background information on this item and indicated that the addition of a new Brooks Urban Fringe (BUF) Land Use District was required as part of the implementation of the Inter Municipal Development Plan. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance There were no persons in attendance speaking either in favour of or in '" opposition to the proposed bylaw. Council was given the opportunity to ask questions. The Chief Administrative Officer requested clarification on fhe development process for that area. D. Horvath replied that there have been no changes to fhe process and that what is permitted in the BUF District is essentially the same as what was allowed in the Urban Fringe and Agricultural Districts. C-157/09 MOVED BY COUNCILLOR J. HARBINSON that the Public Hearing for Bylaw 1658-09 be adjourned at 11:05 a.m. MOTION CARRIED ARRIVED AT MEETING D. Hajash, S. Hajash, A. Dovichak, T. Dovichak, M. Bahr, D. Daniels, L. Fenez, R. Fenez, T. Genovese, R. Heringer, L. Pye-Matheson, and C. Skanderup arrived at 11:06 a.m. b. Bylaw 1662-09 - 09 LUA 002 (SW 3-19-14-W4) Western Canada Oilfield Services Corporation (Owner) Bernie Blieske, PAL Developments (Applicant) --- C -Commercial/UF -Urban Fringe District to I -Industrial District Reeve M. Douglass called the Public Hearing to order at 11:06 a.rr-. Regular Council Minutes Page 8 May 7, 2009 The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1662-09. Bylaw 1662-09 is a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 80.0 acres (32.4 hectares) in SW % 3- i 9-14-W4 from C -Commercial and OF -Urban Fringe District to 1-Industrial District. D. Horvath provided background information on this item. She indicated that the agencies included in the circulation had no concerns and that there had been no written responses received from adjacent landowners. The Joint Services Committee also has no concerns regarding the proposed bylaw. Reeve M. Douglass reviewed the procedures that would be followed for the hearing. There were no persons in attendance speaking in favour of the proposed bylaw. S. Hajash distributed a letter on behalf of adjacent landowner E. Hajash, which expressed concerns regarding the proposed development, which included the need for architectural controls, consistent zoning, and possible drainage issues. She is also concerned with how the County would enforce the conditions placed on the development. Council was given the opportunity to ask questions. Councillor J. Harbinson inquired about the drainage problems, and D. Hajash indicated that the water is supposed to drain to the east at the south end of the parcel, but there have been issues with it backing up. C-158/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the Public Hearing for Bylaw 1662-09 be adjourned at 11:19 a.m. MOTION CARRIED c. Bylaw 1663-09 - 09 LUA 003 (SW 18-17-12-W4) 1022739 Alberta Ltd. (Owner~T. & K. Dovichak (Applicant) A -Agricultural District to CR -Country Residential District Reeve M. Douglass called the Public Hearing to order at 11:19 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1663-09. Bylaw 1663-09 is a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 7.0 acres (2.8 hectares) in SW '/a 18-17-12-W4 from A -Agricultural District to CR -Country Residential District. D. Horvath provided background information on this item, indicating that there had been no concerns from either adjacent landowners or the ,-- Regular Council Minutes May 7, 2009 Page 9 agencies included in the circulation. accommodate subdivision of the parcel. Rezoning is required to Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. There were no persons in attendance speaking in opposition to the proposed bylaw. T. Dovichak explained that the subdivision would be used to accommodate a residence for his family. Council was given the opportunity to ask questions. Councillor A.M. Philipsen inquired about irrigation and expressed concerns with the odd shape of the parcel, and T. Dovichak replied that they wanted to be away from the road. A. Dovichak indicated that there were no water rights on the land. Councillor J. Harbinson asked why the approach did not go straight from Highway 876, and T. Dovichak replied that they would like to use the existing approach rather than build a new one. C-159/09 MOVED BY COUNCILLOR A. EASTMAN that the Public Hearing for Bylaw 1663-09 be adjourned at 11:24 a.m. MOTION CARRIED d. Disposal of Municipal Reserve Lot 5, Block 1, Plan 831 1138 (NW ~/a 9-18-14-W4) Mortenson Subdivision Reeve M. Douglass called the Public Hearing to order at 11:24 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Council's intention to dispose of the Municipal Reserve Designation at Lot 5, Block 1, Plan 831 1138 (NW % 9-18-14-W4) in order to sell this parcel for residential purposes. The Development Control Officer provided background information on this item. The agencies included in the circulation have no concerns with the proposal and a petition has been received with the signatures of 22 adjacent landowners who are opposed to the removal of the Municipal Reserve designation. The applicant, M. Bahr, has also submitted a letter acknowledging the petition and suggesting that the parcel be subdivided so that he could construct a residence on the south portion while leaving the green space to the north as Municipal Reserve. Regarding irrigation, M. Bahr indicated that he could apply for his own irrigation line so that his water system would be separate from that of the rest of the subdivision. Regular Council Minutes Page 10 May 7, 2009 Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. D. Daniels expressed concerns regarding the loss of green space, as the parcel is used as a play area by the local children. She also noted the County had allocated funding in the past for the purpose of improving the area as a park. She had expressed inferest in purchasing the land herself, but could not as it had been designated a community area. D. Horvath replied that the Municipal Government Act allows for the removal of Municipal Reserve designation. In Phis case, the designation was applied at the time of subdivision, but fhe original plan included two residential lots in that parcel. Councillor 1. Schroeder asked if half of the lot would be sufficient for a park, and D. Daniels replied that they would prefer the whole area R. Heringer indicated that he had purchased the land south of the parcel in question with the understanding that it was a park. The adjacent landowners have discussed how to maintain the green space and they have applied for funding to improve the area as a park. Council discussed irrigation and drainage on the parcel. C. Skanderup noted that there was no irrigation on the Municipal Reserve parcel. He is unaware of any studies on underground water That have been completed for the area, but there are issues with underground water on his own lot and there could be seepage from fhe Eastern Irrigation District canal, which would make the land unsuitable for building. M. Bahr reported to Council that the land has been undeveloped for some time and his plans are to beautify it. Council was given the opportunity to ask questions. C-160/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the public hearing for the Disposal of Municipal Reserve adjourn at 11:46 a.m. MOTION CARRIED 9. BYLAWS a. Bylaw 1658-09 - 09 LUA 001 (Brooks Urban Fringe District) (2"d & 3~d Reading) D. Horvath presented background information on this item to Council and responded to questions. C-161/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1658-09, being a bylaw to amend Land Use Bylaw 1626-07 by adding a new BUF -Brooks Urban Fringe District to Schedule 1 and 2, and by redesignating lands from A - Agricultural District and OF -Urban Fringe District to BUF -Brooks Urban Regular Council Minutes Page 11 May 7, 2009 Fringe District as shown in the map in Schedule B, be given SECOND reading. MOTION CARRIED C-162/09 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1658-09 be given THIRD and FINAL reading. MOTION CARRIED b. Bylaw 1662-09 - 09 LUA 002 (SW 3-19-14-W4) Western Canada Oilfield Services Corp. (Owner) B. Blieske, PAL Developments (Applicant) C -Commercial/UF -Urban Fringe District to I -Industrial District (2"d & 3~d Reading) D. Horvath presented background information on this item to Council and responded to questions. C-163/09 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1662-09, being a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 32.4 hectares (80.0 acres) of land in SW 3-19-14-W4 from C -Commercial District and OF -Urban Fringe District to I -Industrial District, be given SECOND reading. MOTION CARRIED '' C-164/09 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1662-09 be given THIRD and FINAL reading. MOTION CARRIED c. Bylaw 1663-09 - 09 LUA 003 (SW 18-17-12-W4) 1022739 Alberta Ltd. (Owner)/T. & K. Dovichak (Applicant) A -Agricultural District to CR -County Residential District (2"d & 3`d Reading) D. Horvath presented background information on this item. Council expressed concerns with the odd shaped parcel that would be created and D. Horvath replied that this was suggested in order to keep the parcel as small as possible. C-165/09 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1663-09, being a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 2.83 hectares (7.0 acres) of land in SW 18-17-12-W4 from A -Agricultural District to CR -Country Residential District, be given SECOND reading. MOTION CARRIED C-166/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1663-09 be given THIRD and FINAL reading. ~-- MOTION CARRIED ~~ Regular Council Minutes May 7, 2009 7. OTHER BUSINESS -continued f. Disposal of Municipal Reserve Lot 5, Block 1, Plan 831 1138 (NW'/a 9-18-14-W4) Mortenson Subdivision Page 12 The Chief Administrative Officer noted that the petition did not meet certain requirements as stated in the Municipal Government Act and therefore declared it invalid. D. Horvath was directed to investigate the process for the disposal of Municipal Reserve designation and bring this item back to the next Council meeting. C-167/09 MOVED BY COUNCILLOR I. SCHROEDER that the Disposal of Municipal Reserve for Lot 5, Block 1, Plan 831 1138 in NW '/a 9-18-14-W4 be TABLED until further information regarding the process is obtained. MOTION CARRIED LEFT THE MEETING D. Hajash, S. Hajash, A. Dovichak, T. Dovichak, M. Bahr, D. Daniels, L. Fenez, R. Fenez, T. Genovese, R. Heringer, L. Pye-Matheson, C. Skanderup, R. Kiedrowski, and M. Fitzgerald left the meeting at 12:00 p.m. LUNCH Council RECESSED for lunch at 12:00 p.m. and RECONVENED at 12:54 p.m. ARRIVED AT MEETING Councillor S. Evans, G. Tiffin, and M. Harbicht arrived at 12:54 p.m. 9. BYLAWS -continued d. Bylaw 1665-09 -Municipal Addressing Bylaw (1St Reading) G. Tiffin presented Council with an update on the Municipal Addressing System. A review of the data received from Martin Newby Consulting Ltd. has identified some errors and omissions that need to be addressed before the signs are ordered. The residential points have been used as a basis for the census maps and the enumerators should be able to confirm these. The road network will have to be thoroughly checked for accuracy, as there are several roads without official names. Regular Council Minutes Page 13 May 7, 2009 Council was given the opportunity to ask questions. Councillor B. de Jong asked who would cover the costs associated with installation `- of the signs. The Assistant Administrator replied that the costs would be the responsibility of the County for existing areas, and that development that occurs after the effective date would be the responsibility of the developer. Reeve M. Douglass inquired about the usability of the data, and G. Tiffin replied that it was possible that incomplete data had been forwarded to Martin Newby Consulting Ltd. G. Tiffin will create lists of the unnamed roads by division and forward these to Council for their input. Following verification of the actual residential points by the enumerators, the road naming conventions will be addressed, and the project will proceed by division. M. Harbicht requested direction regarding whether the signs should be installed within the road allowance parallel or perpendicular to the road. The Chief Administrative Officer noted that he knew of several municipalities that had installed the signs on existing fenceposts, and that this would be the most cost-effective method. The Assistant Administrator replied that installing the sign independently of a fence would ensure that it would not be moved. C-168/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1665-09, being a bylaw to implement a Municipal Rural Addressing System, be given FIRST reading. -- MOTION CARRIED LEFT THE MEETING M. Harbicht and G. Tiffin left the meeting at 1:18 p.m. 11. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Reeve M. Douglass requested feedback from Council and staff regarding the Annual General Meeting. Councillor J. Harbinson asked if the issues raised during the small group discussions should be addressed at a Council Workshop session. Council agreed that the group discussions enabled more questions to be answered. The Chief Administrative Officer suggested that next year specific themes could be assigned to each table. 12. INFORMATION ITEMS ,-- There were no information items to discuss at this meeting. Regular Council Minutes Page 14 May 7, 2009 LEFT THE MEETING S. Stanway, A. Wickert, and D. Horvath left the meeting at 1:26 p.m. 13. IN CAMERA C-169/09 MOVED BY COUNCILLOR J. HARBINSON that we move in camera at 1:27 p.m. MOTION CARRIED C-170/09 MOVED BY COUNCILLOR A. EASTMAN that we move out of camera at 2:11 p.m. MOTION CARRIED 14. ADJOURN C-171/09 MOVED BY COUNCILLOR H. WUTZKE that the meeting adjourn at 1:58 p.m. MOTION CARRIED Reeve