Minutes of a Regular Meeting of County Council

RED DEER COUNTY

Tuesday, October 5, 2004

1.0 CALL TO ORDER The regular meeting of Council was held in the Council Chambers of the Red Deer County Centre located at 38106 Rge Rd 275, Red Deer County, . Reeve Kinsella called the meeting to order at 10:12 a.m.

PRESENT: Reeve E.R. Kinsella, Deputy Reeve K. Van Dewark, Councillors P.T. Archibald, S.M. Bell, and E.E. Stoyberg.

ABSENT: Councillors G.C. Johnson and J.M. Perry.

LEGAL COUNSEL: County Solicitor Kirk Sisson.

STAFF PRESENT: County Manager R. Coon, Assistant County Manager K. Enion, Community Planning Services Director H. Harker, Protective Services Director R. Henderson, Corporate Communications Officer A. Wecker and Municipal Clerk N. Lougheed.

Planning/development administration in attendance for development applications: B. Hoskin, L. Henrickson, D. Miller, D. Shillong, J. Kassel, C. Symington and V. Dodge.

2.0 APPROVAL OF AGENDA Staff – 6.7 – Road Plan Closure Request; 9.8 – Bylaw No. 2004/2.18; 8.5 – Subdivision, NW 34-35-1-5 Administration advised that Item No. 9.3 had been withdrawn from today’s agenda.

CC-04-596 Moved by Councillor S.M. Bell to approve the agenda as amended and additional agenda items as submitted. CARRIED UNANIMOUSLY

3.0 APPROVAL OF MINUTES

CC-04-597 Moved by Councillor E.E. Stoyberg to approve the minutes of the September 21, 2004, regular meeting of County Council as submitted. CARRIED UNANIMOUSLY

4.0 ADMINISTRATOR’S/DIRECTORS’ REPORTS 4.1 Administrative Items

(1) Workshop – next proposed workshop date is October 12, 2004.

CC-04-598 Moved by Councillor K. Van Dewark to cancel the October 12, 2004, Council workshop. CARRIED UNANIMOUSLY

(2) Hwy 2 and 2A Design Study, Public Forums – open house and information sessions being held October 6 at offices and October 7 at Our Lady of Peace Church Hall in Innisfail.

County Council Minutes of October 5, 2004 2

(3) Public Information Fair – initial meeting of the public participation process for the County’s Corporate Strategic Plan being held Saturday, October 30, 2004, at Red Deer County Centre.

6.0 REPORTS

6.2 Award of Safety Codes Inspection Services Contract – September 21, 2004, Council resolution for Red Deer County to reconsider its decision to award a contract for the provision of Safety Codes inspection services to Alberta Permit Pro Inc.

CC-04-599 Moved by Councillor P.T. Archibald to rescind Motion No. CC-04-515 passed at the September 7, 2004, regular meeting of Council that reads as follows: “Moved to award a three-year contract to Alberta Permit Pro Inc. for the provision of Safety Codes inspection services for Red Deer County, based on the terms set out in the Request for Proposals and as confirmed in Alberta Permit Pro Inc.’s July 22, 2004, submission, with the effective date of the contract being January 1, 2005.” CARRIED UNANIMOUSLY

CC-04-600 Moved by Councillor E.E. Stoyberg to direct the matter of Red Deer County becoming accredited in the construction building disciplines to the new Council for consideration in 2005 and to confirm that Red Deer County continue with its current contract relative to inspections in the fire discipline. CARRIED UNANIMOUSLY

6.3 Proposal to Purchase MR Lands – proposal to remove the MR designation on Lot 11MR, Block 1, Plan 952-3712, NE 12-39-28-4 (Hillside Meadows) and to consolidate said lot into adjacent property (postponed at August 17, 2004, meeting).

Bylaw No. 2004/29 – a bylaw to remove the municipal reserve designation on Lot 11MR, Block 1, Plan 952-3712, NE 12-39-28-4 (Hillside Meadows).

CC-04-601 Moved by Councillor K. Van Dewark that Bylaw No. 2004/29 be given first reading with the applicant to be responsible to proceed with the requirements of the policy, such as contacting adjacent landowners advising of the proposal, and the costs associated with advertising, notifications and posting of signage. CARRIED Councillor Stoyberg opposed

6.4 Tax Recovery Sale – request to set reserve bid amounts for properties listed on the November 5, 2004, tax sale.

CC-04-602 Moved by Councillor E.E. Stoyberg to approve the reserve bid amounts for the November 5, 2004, public auction of tax sale properties and the respective sale conditions as submitted to Council. CARRIED UNANIMOUSLY

6.5 Road Plan Closure Application – application to close a portion of Road Plan 1878 MC, located in NW 32-37-23-4 (Division 1) and to consolidate it into the adjacent property.

CC-04-603 Moved by Councillor S.M. Bell to approve the closure and sale of all that portion of the adjoining road and extra road as shown on Plan 1878 MC found within NW 32-37-23-4, excepting thereout the northerly County Council Minutes of October 5, 2004 3

14.94 metres; and that the sale of this portion of road be subject to the following conditions: (a) the applicant to be responsible to pay the application fee costs; (b) the applicant to pay indicated market value of $1200 per acre for the portion of the road to be closed; (c) the closed portion of Road Plan 1878 MC to be consolidated with the adjacent 6.91-acre parcel; and (d) the applicant to pay all consolidation, registration and survey fees that are associated with the closure and consolidation of this road diversion. CARRIED UNANIMOUSLY

6.6 Andrew Mynarski Memorial Park – request for a waiver of the development permit fees for the installation of the historical signage and memorial.

CC-04-604 Moved by Councillor K. Van Dewark to approve the waiver of the development permit fees of $100 paid by the Springbrook Community Association for the installation of historical signage and a memorial in the Andrew Mynarski Park. CARRIED UNANIMOUSLY

6.7 Road Plan Closure Request – request from Councillor to close and sell a portion of Road Plan 690 CL, located in NE 24-37-25-4 (Division 2) and to consolidate it into the adjacent quarter section.

CC-04-605 Moved by Councillor P.T. Archibald to approve the closure and sale of all that portion of Road Plan 690 CL, containing 1.57 acres, found within NE 24-37-25-4, and that the sale of this portion of road be subject to the following conditions: (a) the applicant to be responsible to pay the $250 non-refundable application fee; (b) the applicant to pay $50 per acre, the value of the land at the time the road was straightened, for the portion of the road to be closed; (c) the closed portion of Road Plan 690 CL to be consolidated with the adjacent quarter section; and (d) the applicant to pay all consolidation, registration and survey fees that are associated with the closure and consolidation of this road diversion. MOTION DEFEATED Reeve Kinsella, Councillors Bell and Stoyberg opposed

CC-04-606 Moved by Councillor S.M. Bell to approve the closure and sale of all that portion of Road Plan 690 CL, containing 1.57 acres, found within NE 24-37-25-4, and that the sale of this portion of road be subject to the following conditions: (a) the applicant to be responsible to pay the $250 non-refundable application fee; (b) the applicant to pay the indicated market value of $1150 per acre for the portion of the road to be closed; (c) the closed portion of Road Plan 690 CL to be consolidated with the adjacent quarter section; and (d) the applicant to pay all consolidation, registration and survey fees that are associated with the closure and consolidation of this road diversion.

CC-04-607 Moved by Councillor K. Van Dewark to postpone decision on the closure of this Road Plan to determine if there are any records within the County noting there is an agreement or letter on file MOTION WITHDRAWN

Vote taken on Motion No. CC-04-606. CARRIED Councillors Archibald and Van Dewark opposed

County Council Minutes of October 5, 2004 4

6.1 Springbrook and Area Infrastructure Replacement Review – Municipal Services Coordinator Jason Edwards and Eric Sanford, Tagish Engineering, presentated a summary of the in-depth study of infrastructure needs in Springbrook completed by Tagish Engineering.

CC-04-608 Moved by Councillor S.M. Bell to direct administration to develop an infrastructure replacement program for the Springbrook area including options for recovering ongoing utility shortfalls; to pursue municipal infrastructure grant opportunities available to the County; and to accept the September 2004 Springbrook and Area Infrastructure Replacement Review as prepared by Tagish Engineering for information. CARRIED UNANIMOUSLY

12.0 CORRESPONDENCE

12.1 Heckla School Reunion Committee – request for a waiver of the development fees for the installation of a sign commemorating the School’s 100th Anniversary.

CC-04-609 Moved by Councillor E.E. Stoyberg to approve the waiver of the development permit fees of $60 for the Heckla School Reunion Committee for the installation of signage commemorating the 100th Anniversary of the Heckla School. CARRIED UNANIMOUSLY

12.2 SDAB Decision – September 23, 2004, hearing relative to a side yard setback relaxation for a proposed addition to an existing warehouse/office on Lots 3 and 4, Block 4, Plan 802-2473, SW 3-39-27-4.

CC-04-610 Moved by Councillor P.T. Archibald to accept this correspondence (Item No. 12.2) for information. CARRIED UNANIMOUSLY

10.0 IN-CAMERA SESSIONS

CC-04-611 Moved by Councillor K. Van Dewark that the County Council meeting go in-camera. TIME: 11:24 a.m. CARRIED UNANIMOUSLY

Legal, land and personnel issues to be discussed.

CC-04-612 Moved by Councillor P.T. Archibald that the County Council meeting come out of camera. TIME: 11:46 a.m. CARRIED UNANIMOUSLY

10.3 Offer to Purchase – Lots 5 and 6, Block 2, Plan XXI, NE 26-36-2-5 ().

CC-04-613 Moved by Councillor E.E. Stoyberg that Red Deer County offer to purchase Lots 5 and 6, Block 2, Plan XXI, NE 26-36-2-5 located in Markerville for $24,000 with the funds to come from the Recreation Reserve with the intent that the lands will be utilized for green / open space or park in conjunction with the Stephan G. Stephansson Icelandic Society’s adjacent Fensala Hall and Markerville Creamery. CARRIED UNANIMOUSLY

10.1 Nuisance Abatement Committee Decision – appeal of the June 24, 2004, decision of this committee relative to the operation of the Radio Fun Flyers model airplane airfield.

County Council Minutes of October 5, 2004 5

CC-04-614 Moved by Councillor S.M. Bell to uphold the June 24, 2004, decision of the Nuisance Abatement Committee relative to the complaint received from Robert and Judy Schwartz regarding the operation of the Central Alberta Radio Fun Flyers’ (CARFF) airfield on SE 30-37-26-4. CARRIED UNANIMOUSLY

10.4 Personnel – request to participate in the County’s Early Retirement Incentive Plan.

CC-04-615 Moved by Councillor E.E. Stoyberg that Red Deer County approve the application of Dave Hilman for benefits under the Early Retirement Incentive Program and accept Mr. Hilman’s notice of retirement with regret. CARRIED UNANIMOUSLY

Members of Red Deer County Fire Services attended Council and presented the recipient of the “Fire Chief of the Day” contest, a program in support of Fire Prevention Week. Following ‘Fire Chief’ Andrew Kooiman being introduced to Council, he was being whisked off in the Fire Truck to a scrumptious lunch at McDonald’s.

Recess: 11:49 a.m.

Reconvene: County Council meeting called back to order at 1:32 p.m.

7.0 PUBLIC HEARINGS

A copy of the comments received by the persons in attendance at the public hearing is attached and is considered to be part of these minutes. The public hearing closed at 1:43 p.m.

7.1 Bylaw No. 2004/2.21 – a bylaw to redesignate 4 acres of SE 4-38-25-4 (Division 2) from Agricultural District “B” to Country Residence Agricultural District “CRAG”

CC-04-616 Moved by Councillor K. Van Dewark that Bylaw No. 2004/2.21 be given second reading. CARRIED Councillor Stoyberg opposed

CC-04-617 Moved by Councillor P.T. Archibald to postpone further decision on Bylaw No. 2004/2.21 to determine if the adjacent gravel pit is active or not. MOTION WITHDRAWN

CC-04-618 Moved by Councillor P.T. Archibald that Bylaw No. 2004/2.21 be given third and final reading. CARRIED Councillor Stoyberg opposed

7.2 Bylaw No. 2004/2.28 – a bylaw to redesignate 1.46 acres of SE 2-36-3-5 (Division 5) from Agricultural District “B” to Business Agriculture District “BA.”

CC-04-619 Moved by Councillor E.E. Stoyberg that Bylaw No. 2004/2.28 be given second reading. CARRIED UNANIMOUSLY

CC-04-620 Moved by Councillor S.M. Bell that Bylaw No. 2004/2.28 be given third and final reading. CARRIED UNANIMOUSLY

7.3 Bylaw No. 2004/2.30 – a bylaw to redesignate Lot 1, Plan 912-0003, SW 21-38-26-4 (Division 2) from Agricultural District “B” to Direct Control District “DCD.”

County Council Minutes of October 5, 2004 6

CC-04-621 Moved by Councillor E.E. Stoyberg that Bylaw No. 2004/2.30 be given second reading. CARRIED UNANIMOUSLY

CC-04-622 Moved by Councillor K. Van Dewark that Bylaw No. 2004/2.30 be given third and final reading. CARRIED UNANIMOUSLY

7.4(a) Bylaw No. 2004/25 – a bylaw to amend Bylaw No. 14/82 to reopen a portion of a previously closed road allowance between NE 33 and NW 34, 35-1-5 (Division 4).

Direction was provided for administration to forward Bylaw No. 2004/25 to the Minister for approval.

7.4(b) Bylaw No. 2004/26 – a bylaw to close and sell the road allowance lying southeast of the and located between NE 33-35-1-5 and SE 4-36-1-5 (Division 4).

CC-04-623 Moved by Councillor P.T. Archibald to amend Bylaw No. 2004/26 to note it as a bylaw for the closure and lease of the road allowance and to forward the amended bylaw to the Minister. CARRIED UNANIMOUSLY

8.1 SUBDIVISION APPLICATIONS

8.1 SE 4-38-25-4 (Division 2) – application to subdivide 4 acres to create a country residential parcel.

CC-04-624 Moved by Councillor K. Van Dewark that in considering this application, it was deemed that the subdivision as proposed should not negatively impact adjacent landowners and consideration has been given to topography, soil characteristics, access, and availability and adequacy of water, storm water, and sewage disposal; therefore, the application to subdivide 4 acres of SE 4-38-25-4 is approved subject to the following conditions: (1) subdivision to be effected by Plan of Survey, and confirmation by way of a Real Property Report from an Alberta Land Surveyor that existing buildings conform with the new designation and newly created property lines; (2) payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; (3) the applicant to enter into an agreement regarding access, utilities, etc. to the properties, with and to the satisfaction of Red Deer County, in accordance with Section 655(1)(b) of the Municipal Government Act, as amended. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. Confirmation will be required from a licensed Safety Codes Officer confirming the well, septic system, power and gas are all legal and fully contained within the proposed lot; (4) the dedication of 5 metres along the east boundary of the quarter section and the newly created parcel for possible future road widening purposes to the satisfaction of Red Deer County; (5) the applicant to provide a County approved approach to provide access to the remainder of the quarter section; and (6) reserves not required, pursuant to Section 666 of the Municipal Government Act CARRIED Councillor Stoyberg opposed

Direction from Council was to include a note in the notice of decision advising the applicant that this newly created parcel is adjacent to a gravel pit.

County Council Minutes of October 5, 2004 7

8.2 SE 2-36-3-5 (Division 5) – application to subdivide 1.46 acres to consolidate with the adjacent Lot 6, Block 1, Plan 902-3062, SE 2-36-3-5, for expansion of a fertilizer operation.

CC-04-625 Moved by Councillor E.E. Stoyberg that in considering this application, it was deemed that the subdivision as proposed should not negatively impact adjacent landowners and consideration has been given to topography, soil characteristics, access, and availability and adequacy of water, storm water, and sewage disposal; therefore, the application to subdivide 1.46 acres from SE 2-36-3-5 to be consolidated with Lot 6, Block 1, Plan 902-3062, SE 2-36-3-5, is approved subject to the following conditions: (1) subdivision and subsequent consolidation to be effected by Plan of Survey, and confirmation by way of a Real Property Report from an Alberta Land Surveyor that existing buildings conform with the new designation and newly created property lines; (2) payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; (3) the applicant to enter into an agreement regarding access, utilities, etc. to the properties, with and to the satisfaction of Red Deer County, in accordance with Section 655(1)(b) of the Municipal Government Act, as amended. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. Confirmation will be required from a licensed Safety Codes Officer confirming the well, septic system, power and gas are all legal and fully contained within the proposed lot; (4) the dedication of 5.03 metres along the south boundary of the existing Lot 6, Block 1, Plan 902-3062 for possible future service road purposes to the satisfaction of Red Deer County; and (5) reserves not required, pursuant to Section 666 of the Municipal Government Act. CARRIED UNANIMOUSLY

8.3 NE 4-38-24-4 (Division 1) – application to subdivide 10 acres from NE 4-38-24-4 and consolidate it with SE 9-38-24-4.

CC-04-626 Moved by Councillor P.T. Archibald that in considering this application, it was deemed that the subdivision as proposed should not negatively impact adjacent landowners and consideration has been given to topography, soil characteristics, access, and availability and adequacy of water, storm water, and sewage disposal; therefore, the application to subdivide 10 acres from NE 4-38-24-4 to be consolidated with SE 9-38-24-4, is approved subject to the following conditions: (1) subdivision and subsequent consolidation to be effected by Plan of Survey, with any relaxation of the required setbacks of the existing buildings on NE 4-38-24-4 being approved, and confirmation by way of a Real Property Report from an Alberta Land Surveyor that existing buildings conform with the new designation and newly created property lines; (2) payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; (3) the applicant to enter into an agreement regarding access, utilities, etc. to the properties, with and to the satisfaction of Red Deer County, in accordance with Section 655(1)(b) of the Municipal Government Act, as amended. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. Confirmation will be required from a licensed Safety Codes Officer confirming the well, septic system, power and gas are all legal and fully contained within the proposed lot; and (4) reserves not required, pursuant County Council Minutes of October 5, 2004 8

to Section 666 of the Municipal Government Act. CARRIED UNANIMOUSLY

8.4 NE 20-37-23-4 (Division 1) – application to subdivide a 42.65-acre parcel to create two lots and provide for a boundary adjustment for the consolidation of 1.634 acres into an existing adjacent parcel.

CC-04-627 Moved by Councillor P.T. Archibald that in considering this application, it was deemed that the subdivision as proposed should not negatively impact adjacent landowners and consideration has been given to topography, soil characteristics, access, and availability and adequacy of water, storm water, and sewage disposal; therefore, the application to subdivide the 42.65-acre parcel on NE 20-37-23-4 to create two parcels of 18.31 acres and 20.87 acres in size and to provide a boundary adjustment for the consolidation of 1.634 acres with C of T 772 070760 is approved subject to the following conditions: (1) subdivision and consolidation to be effected by Plan of Survey, and confirmation by way of a Real Property Report from an Alberta Land Surveyor that existing buildings conform with the new designation and newly created property lines; (2) payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; (3) the applicant to enter into an agreement regarding access, utilities, etc. to the properties, with and to the satisfaction of Red Deer County, in accordance with Section 655(1)(b) of the Municipal Government Act, as amended. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. Confirmation will be required from a licensed Safety Codes Officer confirming the well, septic system, power and gas are all legal and fully contained within the proposed lot; (4) the dedication of 5 metres along the Access Road and along the east boundary of the proposed 20.87-acre parcel including C of T 772 070760 for possible future road widening purposes to the satisfaction of Red Deer County; and (5) reserves not required, pursuant to Section 666 of the Municipal Government Act. CARRIED Councillor Bell opposed

9.0 BYLAW / DEVELOPMENT APPLICATIONS

9.8 Bylaw No. 2004/2.18 – a bylaw to redesignate 5 acres of NW 34-35-1-5 (Division 4) from Agricultural District “B” to Country Residence Agricultural District “CRAG.”

CC-04-628 Moved by Councillor P.T. Archibald that Bylaw No. 2004/2.18 be given third and final reading. CARRIED UNANIMOUSLY

8.0 SUBDIVISION APPLICATIONS

8.5 NW 34-35-1-5 (Division 4) – application to subdivide 5 acres to create a country residential parcel.

CC-04-629 Moved by Councillor S.M. Bell that in considering this application, it was deemed that the subdivision as proposed should not negatively impact adjacent landowners and consideration has been given to topography, soil characteristics, access, and availability and adequacy of water, storm water, and sewage disposal; therefore, the application to subdivide 5 acres of NW 34-35-1-5 is approved subject to the following conditions: County Council Minutes of October 5, 2004 9

(1) subdivision to be effected by Plan of Survey or Descriptive Plan, and confirmation by way of a Real Property Report from an Alberta Land Surveyor that existing buildings conform with the new designation and newly created property lines; (2) payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; (3) confirmation by way of legal survey showing that the unnamed creek, bed and shore is not included in the proposed parcel; (4) the applicant to enter into an agreement regarding access, utilities, etc. to the properties, with and to the satisfaction of Red Deer County, in accordance with Section 655(1)(b) of the Municipal Government Act, as amended. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. Confirmation will be required from a licensed Safety Codes Officer confirming the well, septic system, power and gas are all legal and fully contained within the proposed lot; (5) the dedication of 5 metres along the west boundary of the quarter section for possible future road widening purposes to the satisfaction of Red Deer County; and (6) reserves not required, pursuant to Section 666 of the Municipal Government Act.CARRIED UNANIMOUSLY

9.0 BYLAW / DEVELOPMENT APPLICATIONS

9.1 DCD, Lot 1, Plan 912-0003, SW 21-38-26-4 (Division 2) – application to expand an existing recreational vehicle and trailer storage area.

CC-04-630 Moved by Councillor K. Van Dewark to approve the application to expand the existing recreational vehicle and trailer storage area located on Lot 1, Plan 912-0003, SW 21-38-26-4, subject to the following conditions: 1. Approval to be obtained from Alberta Transportation. 2. Setbacks from roadways to be in accordance with Red Deer County Land Use Bylaw. 3. No dilapidated recreational vehicles or trailers shall be stored on site. 4. No sales of recreational vehicles or trailers is permitted. 5. The site shall be screened to the satisfaction of the County. 6. A landscape plan done by a Landscape Design Professional in accordance with the Land Use Bylaw to be submitted and approved by the County. 7. A storm water drainage plan to be submitted and approved by the County. CARRIED UNANIMOUSLY

9.2 DCD, Lot 1, Block 1, Plan 862-1418, NW 24-35-3-5 (Division 5) – application to construct a seasonal sunroom RV Shelter and a shed/sleeping quarters (Dickson Cove).

CC-04-631 Moved by Councillor K. Van Dewark to approve the application to construct a Seasonal/Sunroom RV Shelter and a Shed/Sleeping Quarters on Campsite No. 9 on Lot 1, Block 1, Plan 862-1418, NW 24-35-3-5, subject to the following conditions: 1. The proposed development (Seasonal/Sunroom/RV Shelter and Shed/Sleeping Cabin) shall be located in accordance with the policy guidelines and the Restrictive Covenant dated August 26, 2002, and amending Agreement dated February 27, 2004. 2. Maximum square footage is not to exceed 800 square feet in total. 3. The applicant must adhere to the Policies as outlined, copy attached. 4. Details and specifications of the Seasonal/Sunroom/RV Shelter and Shed/Sleeping Cabin shall be submitted to the County prior to location. County Council Minutes of October 5, 2004 10

5. Construction material shall comply with the Safety Codes Act. 6. The exterior finish and appearance of the proposed development shall complement the existing site and area development. 7. No development shall be placed or constructed within 7.5 meters of the Eastern Property Boundary. CARRIED Councillor Stoyberg opposed

A note will be added to the Notice of Decision advising the applicant to obtain the applicable permits to confirm compliance with the Safety Codes Act and Provincial Fire, Gas and Plumbing Code Regulations.

9.4 NW 35-38-1-5 (Division 6) – application to redesignate 5 acres from Agricultural District “B” to Institutional District “P” to allow for a proposed future Church site.

CC-04-632 Moved by Councillor E.E. Stoyberg that the application to redesignate 5 acres of NW 35-38-1-5 from Agricultural District “B” to Institutional District “P” to facilitate the development of a church be denied, as permitting institutional land zoning in a commercial/industrial area is not appropriate particularly with sewage lagoons being located directly adjacent to the property. In addition, this application does not meet the requirements of the Municipal Development Plan requiring an Area Structure Plan to be completed, the land is identified as an urban fringe area that requires an Intermunicipal Development Plan be completed, future development impacts have not been addressed, and access issues have not been addressed CARRIED UNANIMOUSLY

9.5 NW 20-35-27-4 (Division 3) – application to redesignate 12.7 acres from Agricultural District “B” to Agricultural Small Holdings District “Ag S” to facilitate the creation of a market garden/Saskatoon farm.

Bylaw No. 2004/2.40 – a bylaw to redesignate 12.7 acres of NW 20-35-27-4 from Agricultural District “B” to Agricultural Small Holdings District “Ag S.”

CC-04-633 Moved by Councillor P.T. Archibald that Bylaw No. 2004/2.40 be given first reading. CARRIED UNANIMOUSLY

9.6 Land Use Bylaw Amendment – Industrial Districts – in support of the Blindman Area Structure Plan, proposed amendments to the current industrial districts.

Bylaw No. 2004/30 – a bylaw to amend the Land Use Bylaw 2000/10 by deleting the existing Light and Heavy Industrial Districts and replacing them with new Light, Medium and Heavy Industrial Land Use Districts.

CC-04-634 Moved by Councillor K. Van Dewark that Bylaw No. 2004/30 be given first reading. CARRIED UNANIMOUSLY

9.7 McKenzie Area Redevelopment Outline Plan – proposed plan to guide subdivision and development in the McKenzie residential area, NE 19-37-27-4 (Division 7).

CC-04-635 Moved by Councillor K. Van Dewark to adopt the McKenzie Subdivision Area Redevelopment Outline Plan dated September 2004 as submitted. CARRIED UNANIMOUSLY

10.0 IN-CAMERA SESSIONS County Council Minutes of October 5, 2004 11

CC-04-636 Moved by Councillor P.T. Archibald that the County Council meeting go in-camera. TIME: 2:39 p.m. CARRIED UNANIMOUSLY

Legal issue to be discussed.

CC-04-637 Moved by Councillor K. Van Dewark that the County Council meeting come out of camera. TIME: 2:54 p.m. CARRIED UNANIMOUSLY

14.0 ADJOURNMENT

CC-04-638 Moved by Councillor S.M. Bell that the County Council meeting adjourn. TIME: 2:54 p.m. CARRIED UNANIMOUSLY

______REEVE COUNTY MANAGER County Council Minutes of October 5, 2004 12

PUBLIC HEARING COMMENTS

Bylaw No. 2004/2.21 – a bylaw to redesignate 4 acres of SE 4-38-25-4 (Division 2) from Agricultural District “B” to Country Residence Agricultural District “CRAG.”

No speakers heard or correspondence received.

Bylaw No. 2004/2.28 – a bylaw to redesignate 1.46 acres of SE 2-36-3-5 (Division 5) from Agricultural District “B” to Business Agriculture District “BA.”

No speakers heard or correspondence received.

Bylaw No. 2004/2.30 – a bylaw to redesignate Lot 1, Plan 912-0003, SW 21-38-26-4 (Division 2) from Agricultural District “B” to Direct Control District “DCD.”

No speakers heard or correspondence received.

Bylaw No. 2004/25 – a bylaw to amend Bylaw No. 14/82 to reopen a portion of a previously closed road allowance between NE 33 and NW 34, 35-1-5 (Division 4).

No speakers heard or correspondence received.

Bylaw No. 2004/26 – a bylaw to close and sell the road allowance lying southeast of the Red Deer River and located between NE 33-35-1-5 and SE 4-36-1-5 (Division 4).

Tim Smith – noted his opposition to the bylaw for closure and sale. Accesses to the river should not be closed off from public access. He has no concern with a closure and lease of the road allowance as long as pedestrian access is allowed. (Mr. Smith submitted his letter he read).

Nola Stigings, landowner – stated that she is in agreement with a closure and lease. She advised that the reopened road allowance offers better access to the river. This road allowance doesn’t provide access to the river due to a 90-foot embankment.