Town of Morden

CITY OF MORDEN

Regular Meeting May 25, 2015

Minutes of the Regular Meeting of the Council of the City of Morden held in the Council Chambers at Morden, Manitoba this 25th day of May, A.D. 2015 at 7:00 P.M..

1. Present: Mayor Ken Wiebe, Councillors, Alex Fedorchuk, Heather Present Francis, Doug Frost, Hank Hildebrand, Brian Minaker, Irvin Wiebe, Youth Member, Brianna Klassen Absent with Regrets:

2. MOVED BY COUNCILLOR BRIAN MINAKER SECONDED BY COUNCILLOR ALEX FEDORCHUK BE IT RESOLVED that the minutes of the Regular Meeting of the Minutes Council of the City of Morden held on the 20th day of April 2015 be adopted as circulated, all Statutory requirements having been fulfilled. (Carried)

3. ADDITIONS TO THE AGENDA

MOVED BY COUNCILLOR BRIAN MINAKER Agenda SECONDED BY COUNCILLOR ALEX FEDORCHUK Addition BE IT RESOLVED that the Council of the City of Morden agree to add s the following items to the agenda:  Notice of Motion to rescind 2nd & 3rd readings of By-laws 13- 2011 & 14-2011; and amend same. (Carried)

4. PUBLIC HEARINGS – 7:00P.M. The Director of Finance & Administration read the explanation of process for the public hearing.

4.1 Subdivision Application 4433-15-7381 as submitted by NMS Canada for 472 Loren Drive which will result in the creation of a new public road.

Variation Order 2-2015 as submitted by NMS Canada to reduce the front yard requirement from 25’ to 22’ for Lots 1-17; reduce the rear yard requirement from 25’ to 22’ for Lots 1-12; reduce the corner yard requirement from 12’ to 5’ for Lot 12; reduce the rear yard requirement from 25’ to 20’ for Lot 17; 472 Loren Drive; Lots 1-17, Plan 56953, Roll No. not available.

4.1.1 MOVED BY COUNCILLOR DOUG FROST SECONDED BY COUNCILLOR HEATHER FRANCIS BE IT RESOLVED that the Regular Meeting of Council be closed to convene as a Public Hearing for Subdivision D:\Docs\2018-01-08\0ac452e4e9812d95daad4241e0cb6e34.docx City of Morden Page 2 of 9 May 25, 2015 Application 4433-15-7381 and Variation Order 2-2015. (Carried)

The Presiding Officer called the hearing to order subject to Section 125(2) of the Planning Act, which states that if a proposed subdivision will result in the creation of new public roads, Council must hold a hearing to receive representation on the proposed subdivision. The proposed subdivision, which will result in the creation of new public roads, is located Part of SW ¼, SEC 9, TWP 3, 5 WPM being Lot 1, Plan 56953.

And to hear representation regarding Variation Order 02-2015 as submitted by N.M.S Canada Inc. c/o Volodymyr Shynke for Lots 1-17, Plan 56953 MLTO in the City of Morden.

The proposal as outlined in the Notice of Public Hearing was mailed by mail as required by Section 169(2) of the Planning Act to the Minister of Local Government and the property owner on May 1, 2015 and subject to Section 169(3) to the property owners within 100 meters of the affected property on May 1, 2015. And further subject to Section 169(2), the Notice of Public Hearing was also posted in the Municipal Office on may 1, 2015.

The administration office has not received any representation either for or against the proposal.

Applican Volodymyr Shynke: Original design was 18 lots, reduced to 17 to t: allow for road and greenspace. Hope to provide families with housing that is affordable, approx $170,000 - $185,000. A development with a roadway to keep it safe from main street. Proposing one-way traffic. A wider corner for snow clearing. Some 2 & 3 bedroom homes. 2 storey homes. 11,500 sq ft & up. Road is wide enough for two way parking – allow parking. Originally was not planning on incorporating a fence; will consider it.

Opponen Cheryl Kehler: Increase in traffic; 6 houses backing on to my t: property; possible decrease in property; drainage; fence; increase in dust / noise due to development.

Bill Cumming: lived on 1st St for 40 years; drainage concerns; restriction on parking spaces; Lorne Dr – speed of vehicles; excess traffic; put up fences; need for sidewalks;

4.1.2 MOVED BY COUNCILLOR ALEX FEDORCHUK SECONDED BY COUNCILLOR BRIAN MINAKER BE IT RESOLVED that the Public Hearing for Subdivision City of Morden Page 3 of 9 May 25, 2015 Application 4433-15-7381 and Variation Order 2-2015 be closed. (Carried)

Plan/En 4.1.3 MOVED BY COUNCILLOR BRIAN MINAKER g Approve SECONDED BY COUNCILLOR HANK HILDEBRAND Admin Subdivisio BE IT RESOLVED that Council approve subdivision application 4433- n Application 14-7351 subject to the following condition: 4433-14-7351  Development Agreement be amended to include fencing on the west side to last unit according to zoning by-law. (Carried)

Plan/En 4.1.4 MOVED BY COUNCILLOR HEATHER FRANCIS g Approve SECONDED BY COUNCILLOR ALEX FEDORCHUK Admin VO 2-15 BE IT RESOLVED that Council approve Variation Order 2-2015 to reduce the yard requirements as follows:  Front yard from 25’ to 22’ for Lots 1-17  Rear yard from 25’ to 22’ for Lots 1-12  Corner yard from 12’ to 5’ for Lot 12  Rear yard from 25’ to 20’ for Lot 17 (Carried)

5. RECOGNITION OF INDIVIDUALS AND/OR ORGANIZATION

Vienna Peters – Miss Teenage Southern Manitoba 2015; Congratulations to Vienna Peters on her title of Miss Teenage Southern Manitoba 2015. We wish you all the best at the Miss Teenage Canada competition in Toronto in August.

Amber Wiebe – 2015 National Juvenile Wrestling Championship, gold & bronze medalist; Congratulations to Amber Wiebe on receiving a bronze medal in the Freestyle competition and a gold medal in the Greco-Roman competition at the 2015 National Juvenile Wrestling Championship held in Fredericton April 9th – 12th. Well Done!

Joe Wiwchar – Sport Manitoba’s 2015 “Active for Life Coach” Award; Joe Wiwchar has another award to add to his collection. In recognition of his long-time involvement as a baseball coach, Joe received Sport Manitoba’s 2015 “Active for Life Coach” Award. Congratulations Joe, it’s nice to see the many years of volunteer work recognized at this level. Wilf Warkentin – Morden Area Foundation “Volunteer of the Year” Award; At yesterday’s annual awards presentation, Wilf Warkentin received the Morden Area Foundation’s ‘Volunteer of the Year’ Award in recognition of his many years of volunteer service and involvement City of Morden Page 4 of 9 May 25, 2015 in the community. Congratulations Wilf!

6. HEARING OF DELEGATIONS 7. YOUTH MEMBER REPORT Have received complaints regarding vehicles parking on both sides of residential streets – may be viewed as a safety concern now that people are out cycling.

8. GENERAL BUSINESS 8.1 MOVED BY COUNCILLOR HEATHER FRANCIS Adopt SECONDED BY COUNCILLOR DOUG FROST Minutes BE IT RESOLVED that Council adopt the minutes of the Committee- of-the-Whole meetings dated May 5 and 19, 2015. (Carried)

8.2 MOVED BY COUNCILLOR HANK HILDEBRAND Accounts SECONDED BY COUNCILLOR ALEX FEDORCHUK BE IT RESOLVED that the accounts as recommended for payment be confirmed. (Carried)

Plan/En 8.3.1 MOVED BY COUNCILLOR IRVIN WIEBE g SECONDED BY COUNCILLOR HEATHER FRANCIS Admin By-law 7-15 WHEREAS Council at the Committee of the Whole meeting dated May C/S Rescind 2nd Reading 5, 2015 passed motion to have the Public Reserve on 38 Rose St remain a Public Reserve BE IT RESOLVED that Council rescind the 2nd reading of By-law 7- 2015 dated April 20, 2015. (Carried)

Plan/En 8.3.2 MOVED BY COUNCILLOR DOUG FROST g By-law 7-15 SECONDED BY COUNCILLOR HEATHER FRANCIS Admin Not BE IT RESOLVED that Council not proceed with By-law 7-2015 being C/S Proceed a by-law to close a Public Reserve. (Carried)

Plan/En 8.4 MOVED BY COUNCILLOR IRVIN WIEBE g SECONDED BY COUNCILLOR HEATHER FRANCIS Admin Approve BE IT RESOLVED Council approve Subdivision Application 4433-13- C/S Subdivisio 7201 subject to the following conditions: P/W n 4433-13- 7201  The property be rezoned RS-1 Falcon Dr  A Development Agreement be entered in to. (Carried)

8.5.1 MOVED BY COUNCILLOR BRIAN MINAKER SECONDED BY COUNCILLOR ALEX FEDORCHUK By-law 4-14 City of Morden Page 5 of 9 May 25, 2015 2nd Reading BE IT RESOLVED that By-law 4-2014 being a by-law to amend Morden Zoning By-law 22-2008 so that: S1/2 7-3-5W, Block 11, Plan 1854 Subdivision 4433-13-7201 From: CR Community Reserve To: RS-1 Residential Single Family PR Public Reserve Having been read a first time, be now read a second time as amended. (Carried)

Plan/En 8.5.2 MOVED BY COUNCILLOR ALEX FEDORCHUK g SECONDED BY COUNCILLOR BRIAN MIANKER Admin By-law 4-14 BE IT RESOLVED that By-law 4-2014 being a by-law to amend C/S rd 3 Reading Morden Zoning By-law 22-2008 so that: Falcon Dr S1/2 7-3-5W, Block 11, Plan 1854 Subdivision 4433-13-7201 From: CR Community Reserve To: RS-1 Residential Single Family PR Public Reserve Having been read a first and second time, be now read a third time. (Carried)

Recorded Vote: For: Mayor Ken Wiebe, Councillors Alex Fedorchuk, Heather Francis, Doug Frost, Hank Hildebrand, Brian Minaker and Irvin Wiebe Against:

Plan/En 8.6 MOVED BY COUNCILLOR HEATHER FRANCIS g By-law 10-15 SECONDED BY COUNCILLOR DOUG FROST Admin 1st Reading th BE IT RESOLVED that By-law 10-2015 being a by-law of the City of W/O Pt 5 Street Morden to close a municipal road be read a first time. (Carried)

Plan/En 8.7 MOVED BY COUNCILLOR ALEX FEDORCHUK g SECONDED BY COUNCILLOR IRVIN WIEBE Admin By-law 11-15 1st Reading BE IT RESOLVED that By-law 11-2015 being a by-law to amend Morden Zoning By-law 22-2008 so that: 234 Lot 20, Block 4, Plan 856 MLTO Mountain St From: “RT” Residential Two Family To: “I” Institutional Be read a first time. (Carried)

Plan/En 8.8 MOVED BY COUNCILLOR HEATHER FRANCIS g SECONDED BY COUNCILLOR IRVIN WIEBE Admin By-law 13-15 st BE IT RESOLVED that By-law 13-2015 being a by-law to amend C/S 1 Reading City of Morden Page 6 of 9 May 25, 2015 W/O Morden Zoning By-law 22-2008 so that: West of Florence N1/2 7-3-5WPM, Block 1, 2 & 3 of Subdivision 4433-14-7290 From: “CR” Community Reserve To: “RS-2” Residential Single Family And partly “PR” Public Reserve Be read a first time. (Carried)

8.9.1 MOVED BY COUNCILLOR DOUG FROST SECONDED BY COUNCILLOR IRVIN WIEBE AMM WHEREAS the continuing legislative changes to waste water and Resolution Waste water infrastructure have continued to place high burdens onto the rate Water & payers of the Municipality; Water WHEREAS there is no dedicated mechanism apart from burdening Infrastruct both the current and future rate payers by borrowing funds to ure undertake required infrastructure to meet ever changing legislative regulations; THEREFORE, BE IT RESOLVED that the AMM lobby the Provincial and Federal Governments to establish a water and waste water fund that provides for an as of right 66% of the infrastructure costs for projects that are necessary because of legislative and regulatory requirements of the Provincial and Federal Governments. (Carried)

8.9.2 MOVED BY COUNCILLOR HANK HILDEBRAND SECONDED BY COUNCILLOR ALEX FEDORCHUK AMM WHEREAS the subdivision process requires physical circulation of Resolution documents, plans, and information to all affected agencies, provincial Provincial and otherwise (like Hydro, MTS, etc); and Govt WHEREAS physical signatures are necessary to sign agreements, Implement mylar plans, and approvals, usually in Winnipeg before returning said Digital documents to regional offices; and, Process WHEREAS this process requires considerable time and resources to complete, and results in delays in revenues for and economic activity in Manitoba’s cities, towns, and municipalities; and, WHEREAS AMM believes that Manitoba is among the last of Canada’s jurisdictions that has not embraced the use of digital technology to simplify and expedite this and similar processes; THEREFORE, BE IT RESOLVED that AMM lobby the Provincial Government to implement a digitally based submission, review, commenting, and approvals system to eliminate the delays, reduce red tape, and reduce unnecessary administrative costs. (Carried)

8.9.3 MOVED BY COUNCILLOR HANK HILDEBRAND SECONDED BY COUNCILLOR ALEX FEDORCHUK City of Morden Page 7 of 9 May 25, 2015 AMM WHEREAS section 105 (1) of The Municipal Act states: Resolution Vacancy “ Subject to section 102 (vacancy after election), a council After must hold a by-election to fill a vacancy on the council as soon Election as is reasonably possible unless (a) the vacancy occurs in the six months before the next general election; or (b) the vacancy occurs in the 12 months before the next general election and the remaining members (i) are a majority of the number of members comprising the council, and (ii) decide not to hold a by-election. “ AND WHEREAS the cost of holding a by-election can be a considerable THEREFORE BE IT RESOLVED that the AMM lobby the provincial Government to make changes to The Municipal Act to allow in the first 12 months after the General election the appointment of the runner up on the ballot to be declared to Council, and if no runner up that Council can appoint under the terms of section 102. Further amending section 105(1) (a) to read “the vacancy occurs in the 12 months before the next general election”. (Carried)

Plan/En 8.10 MOVED BY COUNCILLOR DOUG FROST g SECONDED BY COUNCILLOR HEATHER FRANCIS Admin WSB BE IT RESOLVED that Council resolves that we advise the Water P/W City’s Project Services Board that our identified water / sewer prioritized projects are: Priority List 1. Gilmour Street Lift Station replacement with a gravity service 2. UV at the Water Treatment Plant 3. Realigning Sewer Mains AND FURTHERMORE Council can confirm having budgeted funds for its portion of the contribution for project priorities 1 and 2 should funding from the Water Services Board be made available. (Carried)

C/M/C 8.11 MOVED BY COUNCILLOR HEATHER FRANCIS Heritage SECONDED BY COUNCILLOR IRVIN WIEBE Grants BE IT RESOLVED that Council support an application to the Heritage Program Grants Program for the Memory Walk Project at Confederation Park. (Carried)

8.12 MOVED BY COUNCILLOR HANK HILDEBRAND SECONDED BY COUNCILLOR BRIAN MINAKER Civic WHEREAS section 93.16 (1) & (3) of the Municipal Act states: Election City of Morden Page 8 of 9 May 25, 2015 Disqualifica “Where a registered candidate who is elected in an election fails tion to file (a) an election finance statement required under subsection 93.12(1) before the date prescribed in a by-law passed under subclause 93.2(d)(ii); or (b) a further statement required under subsection 93.12(2) before the date prescribed in a by-law passed under clause 93.2(e); the chief administrative officer must provide a written report of the failure to council at its next meeting, and the candidate must not sit on council until the chief administrative officer reports to council that the candidate's statement has been filed.” and “ Where an individual who is registered as a candidate in an election and who is not nominated, withdraws, or is not elected in the election, fails to comply with section 93.12 (filing election finance statement), the individual is disqualified from being nominated for or elected as a member of council until after the next general election.” AND WHEREAS the deadline for filing the Election Finance Statement being May 20, 2015 has passed and a Election Finance Statement was not filed by Brian Thiessen with the City Manager BE IT RESOLVED that Council acknowledge that Brian Thiessen is disqualified from being nominated for or elected as a member of council until after the next general election. (Carried) 9. NEW BUSINESS 10. OTHER BUSINESS Plan/En 10.1 MOVED BY COUNCILLOR IRVIN WIEBE g SECONDED BY COUNCILLOR DOUG FROST Admin Notice of WHEREAS Council has received notice from the Morden Land Titles Motion to Office that wording in By-laws 13-2011 and 14-2011 being by-laws to rescind 2nd & 3rd close a road & public reserve respectfully, be amended to incorporate Readings wording of The Crowns Land Act, as well as correct the surveyor’s of By-laws sworn to date; 13-2011 & BE IT RESOLVED that Council provide Notice of Motion to rescind 2nd 14-2011 & and 3rd readings of By-laws 13-2011 and 14-2011 and amend said by- amend laws at the next Regular Council meeting scheduled for June 22, 2015. (Carried)

11. IN CAMERA

7:59PM 12. MOVED BY COUNCILLOR HEATHER FRANCIS City of Morden Page 9 of 9 May 25, 2015 Adjourn SECONDED BY COUNCILLOR DOUG FROST BE IT RESOLVED that we do now adjourn. (Carried)

Next Regular Session of Council on Monday, June 22, 2015 at 7:00P.M.

CITY OF MORDEN

Ken Wiebe

John Scarce

City Manager