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HomeMy WebLinkAbout2012-10-11 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF Regular Council October 11, 2012 The regular Council Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, October 11, 2012 commencing at 10:42 a.m. MEMBERS B. de Jong, Deputy Reeve PRESENT: COUNCILLORS: C. Amulung I. Schroeder R. Andrews M. Nesbitt J. Bulger A. Eastman L. Juss ABSENT: M. Douglass A.M. Phillipsen STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Assistant Administrator A. Wickert, Manager of Planning & Development D. Horvath, County Planner- ORRSC T. Green, Agricultural Fieldman M. Harbicht, Superintendent of Public Works A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: 1. CALL TO ORDER Deputy Reeve B. de Jong called the meeting to order at 10:42 a.m. 2. EXCUSED FROM MEETING C-301/12 MOVED BY COUNCILLOR M. NESBITT that Reeve M. Douglass and Councillor A.M. Philipsen be excused from the meeting. MOTION CARRIED 4 Regular Council October 11,2012 3. ADOPTION OF MINUTES a. Minutes -Council (2012-09-20) C-302/12 MOVED BY COUNCILLOR A. EASTMAN that the September 20, 2012 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Deputy Reeve B. de Jong called for post agenda items. 5. ADOPTION OF AGENDA C-303/12 MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted as amended. MOTION CARRIED 7. AGRICULTURAL BUSINESS a. ASB Summer Tour The Agricultural Fieldman presented background information on this item, including a sample budget and an overview of what is involved with a typical ASB Summer Tour. The County of Newell last hosted an ASB Summer Tour in 1996. The Agricultural Fieldman responded to questions from Council. He suggested establishing a committee that would determine costs for everything involved and possibly partnering with the Eastern Irrigation District. Discussion followed regarding the possibility of hosting an ASB summer tour in 2014. C-304/12 MOVED BY COUNCILLOR M. NESBITT that the Agricultural Fieldman write a letter to the Association of Alberta Agricultural Fieldman requesting that the County of Newell host the 2014 ASB Summer Tour and that a planning committee be established during the October 25, 2012 Organizational Meeting. MOTION CARRIED b. National Barley Council The Agricultural Fieldman presented background information on this item, Page 2 of 13 I 'c t Regular Council October 11,2012 indicating that the group is seeking support for the establishment of the Barley Council of Canada and the intent is to provide support and collect money for research from barley buyers. The Agricultural Fieldman responded to questions from Council. Discussion followed and Council directed the Agricultural Fieldman to write a letter to the Barley Council of Canada explaining that Council is not in a position to sign this resolution. The Agricultural Fieldman suggested that information on the Barley Council of Canada could be posted on the County's website to inform the public. c. Agricultural Service Board Grant Process Review The Agricultural Fieldman presented background information on this item and responded to questions from Council. The Agricultural Fieldman was directed to respond to the survey on behalf of the County of Newell. The Agricultural Fieldman provided Council with an update on ASB operations and responded to questions from Council regarding the Patricia Scale, maintaining the drainage system in Rolling Hills, and the irrigation system at Emerson Bridge Park. LEFT THE MEETING T. Green left the meeting at 11:09 a.m. 8. ADMINISTRATIVE BUSINESS a. New Regulatory Requirements for Surface Development in Proximity to Abandoned Wells The County Planner presented background information on this item and gave Council an overview of the new requirements from Alberta Municipal Affairs for subdivision and development applications. In order to comply with these new requirements, she recommended that new subdivision and development applications be accompanied by documentation from the Energy Resources Conservation Board (ERCB) identifying the presence or absence of abandoned wells. If an abandoned well is identified, an Alberta Land Surveyor's sketch (for subdivision applications) or a professionally prepared plot plan (for development applications) showing the well site would also be required. Council was given the opportunity to ask questions. The Manager of Planning & Development indicated that it is the applicant's responsibility to provide this information. Councillor R. Andrews asked if a map printed from the ERCB website would satisfy the requirements. The Manager of Planning & Development replied that an overlay is necessary to determine the well site in relation to the proposed development. The County Planner and the Page 3of13 ., Regular Council October 11,2012 Manager of Planning & Development responded to further questions from Council. C-305/12 MOVED BY COUNCILLOR I. SCHROEDER that, in order to be deemed complete, subdivision applications must include: • documentation identifying the presence or absence of abandoned wells, and • an Alberta Land Surveyor's sketch that shows the actual well location in relation to existing or proposed buildings sites; further, that, in order to be deemed complete, development applications must include: • documentation identifying the presence or absence of abandoned wells, and • a professionally prepared plot plan that shows the actual well location in relation to existing or proposed building sites. MOTION CARRIED 6. BYLAWS a. Bylaw 1755-12 - Land Use Bylaw CI The County Planner provided information regarding proposed amendments, indicating that the EID has provided information regarding setbacks from water bodies and irrigation infrastructure to be added to all land use districts except for Grouped Rural Residential, Hamlet Residential, Hamlet Business, and Direct Control. She also noted that she would be making an amendment to Administration Section 26.2 requiring documentation from the ERCB and a professional plot plan, which had been discussed during the previous agenda item. Discussion followed regarding whether the setback from the property line in Agricultural District lands should be 10'or 25', and it was determined that 25' was acceptable. No amendment is required. The County Planner provided an explanation for each proposed amendment to Bylaw 1755-12 and responded to questions from Council. LEFT THE MEETING Councillor J. Bulger left the meeting at 11:54 a.m. and returned at 11:55 a.m. The County Planner and the Manager of Planning & Development responded to further questions from Council. Page 4 of 13 Regular Council October 11,2012 C-306/12 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1755-12, being a bylaw to adopt a Land Use Bylaw for the County of Newell, be amended as per the list of amendments that is attached to and forms part of these minutes. MOTION CARRIED C-307/12 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1755-12 be given SECOND reading. MOTION CARRIED C-308/12 MOVED BY COUNCILLOR L. JUSS that Bylaw 1755-12 be given THIRD and FINAL reading. MOTION CARRIED LUNCH Council RECESSED for lunch at 12:02 p.m. and RECONVENED at 12:59 p.m. ARRIVED AT MEETING M. Harbicht arrived at 12:59 p.m. C 9. PUBLIC WORKS BUSINESS a. Superintendent of Public Works Report The Superintendent of Public Works presented his report to Council, giving an overview of the highlights. The Superintendent of Public Works responded to questions from Council. b. Utilities - NRSC Report The Utilities - NRSC report was presented to Council. C-309/12 MOVED BY COUNCILLOR L. JUSS that the Superintendent of Public Works report and the Utilities - NRSC report for September 2012 be APPROVED as presented. MOTION CARRIED c. Tender Award -County of Newell Water Project Contract 7 (Division 10) The Superintendent of Public Works presented background information on Page 5 of 13 V• Regular Council October 11,2012 this item and responded to questions from Council. C-310/12 MOVED BY COUNCILLOR C. AMULUNG that Council accepts the low tender as submitted and awards the County of Newell Water Project Contract 7 tender to Chinook Pipeline Ltd. for the tendered price of $4,822,422.00 plus additional engineering, land, and environmental costs of$792,966.42. MOTION CARRIED d. Township 14-0 Road Alignments The Superintendent of Public Works requested that this item be withdrawn until further information is available. LEFT THE MEETING M. Harbicht left the meeting at 1:10 p.m. 8. ADMINISTRATIVE BUSINESS - CONTINUED b. Policy Review - 2012-PAD-063 (Private Sewage Disposal System Permit Procedure) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-311/12 MOVED BY COUNCILLOR A. EASTMAN that Policy 2012-PAD-063 (Private Sewage Disposal System Permit Procedure) be adopted as presented. MOTION CARRIED LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 1:18 p.m. c. Policy Review - 2012-PAD-064 (Municipal Land - Sales, Leasing, Permits) The Assistant Administrator presented background information on this item, indicating that a list of property owned by the County will be created and presented to Council for review in conjunction with the election process. Council will determine which of the properties to offer for sale. Council was given the opportunity to ask questions. Councillor B. de Jong asked about the requirement to advertise land for sale. The Assistant Administrator noted Page 6 of 13 :I., Regular Council October 11,2012 the section in the policy regarding the identification of land for disposal or lease and noted that, once land for sale has been identified, the public would be notified of its availability. He noted that road allowance leases will be covered under a separate policy. C-312/12 MOVED BY COUNCILLOR I. SCHROEDER that Policy 2012-PAD-064 Municipal Land - Sales, Leasing, Permits) be adopted as presented. MOTION CARRIED d. FCSS Municipal Agreement Council was presented with an amended FCSS Municipal Agreement. This item will be discussed further during the October 25, 2012 Council meeting when further information regarding the proposed amendments has been obtained. C-313/12 MOVED BY COUNCILLOR M. NESBITT that this item be TABLED until further information is received. MOTION CARRIED e. Sale of County Facilities The Assistant Administrator presented background information on this item and responded to questions from Council. The Assistant Administrator responded to questions from Council. C-314/12 MOVED BY COUNCILLOR R. ANDREWS that Motion C-182/12, which reads as follows: MOVED BY COUNCILLOR J. BULGER that Council accepts the high tender as submitted and APPROVES the sale of the Agricultural Services Board facilities to WAVE Inspection Ltd. in the amount of$565,000.00 be RESCINDED. MOTION CARRIED f. Budget Meetings -Set Date Council determined that the first 2013 Budget Review Meeting would be held on Thursday, November 29, 2012 beginning at 9:00 a.m. and the second 2013 Budget Review Meeting would be held on December 13, 2012 beginning at 9:00 a.m. Page 7 of 13 • Regular Council October 11,2012 g. AAMDC Fall 2012 Convention Council requested meetings with the Minister of Transportation, the Minister of Environment, and the Minister of Municipal Affairs. Topics to be discussed include Highway 873 paving, regionalization of waste water systems, and Municipal Sustainability Initiative funding. Council also indicated that they would like to meet with MPE Engineering on Wednesday, November 14, 2012 in the evening. h. Cheques for Payment The Assistant Administrator responded to questions from Council. C-315/12 MOVED BY COUNCILLOR M. NESBITT that cheque 173795 in the amount of $368,975.61 be APPROVED. MOTION CARRIED i. Cheque Register The Assistant Administrator responded to questions from Council. C-316/12 MOVED BY COUNCILLOR A. EASTMAN that the Cheque Register be accepted. MOTION CARRIED 10. POST AGENDA ITEMS a. Alberta Elected Officials Education Program (EOEP) - Effective Decision Making Seminar Councillor M. Nesbitt presented background information on this item and responded to questions from Council. C-317/12 MOVED BY COUNCILLOR J. BULGER that Councillor M. Nesbitt be permitted to attend the EOEP Effective Decision Making Seminar in Edmonton, AB on November 16, 2012 as a function of Council. MOTION CARRIED 11. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Page 8 of 13 (1) Regular Council October 11,2012 12. IN CAMERA C-318/12 MOVED BY COUNCILLOR A. EASTMAN that we move in camera at 1:46 p.m. to discuss a legal issue. MOTION CARRIED C-319/12 MOVED BY COUNCILLOR R. ANDREWS that we move out of camera at 2:14 p.m. MOTION CARRIED 13. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 2:14 p.m. Signed this 2 5 day of Oc,f`(T b er< , 2012 Reeve _ ArA Cs lirministrator C Page 9 of 13 Regular Council October 11,2012 ADDENDUM: Amendments to Bylaw 1755-12 prior to Second Reading ADD or REMOVE the following uses from each individual district to Schedule 2: Agricultural —A District Add "Moved-in building"and "Secondary suite"as discretionary uses (Section 1.2). Grouped Rural Residential - GRR District Add `RV Park"and "Secondary suite"as discretionary uses (Section 1.2). Hamlet Residential — HR District Add "Moved-in building", "Moved-in dwelling" and "Secondary suite" as discretionary uses (Section 1.2). Hamlet Business— HB District Add "Manufacturing and fabrication operation"as a discretionary use (Section 1.2). Hamlet Transitional Agriculture — HTA District Add "Moved-in building"and "Moved-in dwelling"as discretionary uses (Section 1.2). Rural Business— RB District Remove "Interment services"as a discretionary use and add "Moved-in building"and "Rifle, pistol and archery ranges"as a discretionary use (Section 1.2). Rural Industrial — RI District Add "Shipping Container" as a permitted use (Section 1.1) and `Auto Wreckage and salvage yard", "Auctioneering Facility", and "Dwelling unit accessory to an industrial use"as discretionary uses (Section 1.2). Parks and Recreation — PR District Add "Public and institutional use"as a permitted use (Section 1.1) and "Moved-in building" and "Shipping Containers"as a discretionary use (Section 1.2). Fringe— FR District Add "Agricultural operation"as a permitted use (Section 1.1) and "Shipping Containers"as a discretionary use (Section 1.2). Public Service — PS District Add "Shipping Containers"as a discretionary use (Section 1.2). AMEND SECTION 12.3 in the Direct Control Land Use District in Schedule 2 to read as follows: (Page Schedule 2 — DC-4) 12.3 There shall be no further development on the lands subject to the Direct Control land use district unless in compliance with an approval area structure plan. Page 10 of 13 Regular Council October 11,2012 ADD the following section to Schedule 3 which was missed from the current LUB 1626-07: SECTION 16 OBJECTS PROHIBITED OR RESTRICTED IN YARDS 16.1 No person shall allow a motor vehicle which has all or part of its superstructure removed, or a motor vehicle which is in a dilapidated or unsightly condition to remain to be parked on a parcel designated as Single Lot Agriculture, Acreage Residential, Grouped Rural Residential or Hamlet Residential, or within 30.5 m (100 ft) of a local road or Provincial highway in any other Land Use District unless it is suitably housed or screened to the satisfaction of the Development Officer. 16.2 No person shall keep or permit in any Residential district: (a) any dismantled or wrecked vehicle for more than 14 successive days; (b) any object or chattel which, in the opinion of the Development Officer, is unsightly or tends to adversely affect the amenities of the district;or (c) the storage of materials used in the construction of a development beyond the period which, in the opinion of the Development Officer, is necessary for the completion of a particular stage of construction work. 16.3 Not more than one recreational vehicle may be stored or parked on a lot in any residential district in a hamlet. 16.4 Not more than two recreational vehicles shall be stored or parked on a parcel unless otherwise approved by the Municipal Planning Commission. 16.5 A recreational vehicle parked on a lot in any district shall not be used for permanent living or sleeping accommodation. ADD the following section to the Rural Business — RB and Rural Industrial — RI Land Use Districts in Schedule 1: SECTION 12 FENCES 12.1 No fence, wall, hedge or any combination thereof, lying within 7.6 m (25 ft.) of the right-of- way of a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft.) above the ground (except in the case of corner lots where one yard is considered as the side yard) unless permitted by the Municipal Planning Commission (see Figure 2). C Page 11 of 13 Regular Council October 11,2012 CORNER LOT C111) INTERIOR LOT 3.8m -/ r co 7.6m j / a 7.6m/ Area Of 0.9m Limit Area Of 0.9m Limit PUBLIC ROADWAY PUBLIC ROADWAY Figure 2 12.2 Fences enclosing rear and side yards shall not exceed 2.4 m(8 ft.)in height. ADD the following definitions to Schedule 5: RECREATIONAL VECHICLE PARK means a lot or parcel of land intended for occupancy by recreational vehicles for travel, recreation, seasonal, or vacation usage for periods of stay subject or an approved conceptual design scheme, area structure plan or conceptual site plan and its provisions. Uses where unoccupied recreational vehicles are offered for sale or lease, or are stored, are not included. Associated structures in a recreational vehicle park may include laundry facilities, restrooms, showers, sanitary dump facilities, water stations, playgrounds or storage areas intended to serve the needs of the residents of the park. RIFLE, PISTOL AND ARCHERY RANGES means an area, building or structure specially designed for the safe discharge and use of archery bows, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any similar firearm for the purpose of sport shooting, target practice or temporary competitions. AMEND the following definitions in Schedule 5: HOME OCCUPATION 3 means the secondary use of a dwelling and its accessory buildings by an occupant of the home to conduct an activity that will generate daily or weekly business-related visits. Up to five commercial vehicles and non-resident employees may be utilized for this type of operation. Uses for this home occupation may be similar to a Home Occupation 2 operation but will be more intensive. The Home Occupation 3 shall not be allowed if the use would be more appropriately located in a Commercial or Industrial district. Examples of Home Occupation 3 include a small-scale trucking company involved in activities such as manure hauling or oil and gas operations, a small machining shop, : - - - - - a - - • - • - - • fees NOXIOUS INDUSTRY means development involving industrial processing of a nature deemed to be hazardous, noxious, unsightly or offensive, and cannot be compatibly located in an urban environment. facilities, abattoirs, oil and bas plants, seed cleaning plants, bulk fuel depots, livestock sales yards, Page 12 of 13 Regular Council October 11,2012 PRIVATE RECREATION means a commercial facility or development, constructed for the purpose of housing or supporting sports or recreational activities. The facility typically involves a fee for use and may also include eating and retail areas. Typical facilities would include athletics clubs, roller skating rinks, bowling alleys, paint ball facilities, and racquet clubs. ADD the following section to all land use districts except Grouped Rural Residential, Hamlet Residential, Hamlet Business and Direct Control: SECTION 7 MINIMUM SETBACKS FROM IRRIGATION INFRASTRUCTURE 7.1 No part of a building or structure shall be located: (a) within 10.0 m (33 ft.) of the centreline of an irrigation pipeline or 3.0 m (10 ft.) of a registered right-of-way of any irrigation pipeline; (b) within 5.1 m (17 ft.) of the outside bottom of canal banks or 3.0 m (10 ft.) of a registered right-of-way of any irrigation canal; (c) within 60.1 m (200 ft.)from any water reservoir measured from the water's edge at full supply level(FSL)or 30.5 m(100 ft.)from the registered reservoir right-of-way. CADD the following to Administration: Section 26.2 26.2 (g) documentation from the ERCB identifying the presence or absence of abandoned oil and gas wells as required by the Subdivision and Development Regulation and a professional plot plan of the proposed development if the presence of an abandoned well is found. C Page 13 of 13