Minutes of a Regular Meeting of County Council

RED DEER COUNTY

Tuesday, December 3, 2002

1.0 CALL TO ORDER The regular meeting of Council was held in the Council Chambers of the Administration Building located at 4758 - 32 Street, Red Deer, . Reeve Johnson called the meeting to order at 11:07 a.m.

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

LEGAL COUNSEL: County Solicitor Chris Warren.

STAFF PRESENT: County Manager R. Coon, Corporate Services Director K. Enion, Community and Planning Services Director G. Buchanan, Operations Services Director F. Peck, Protective Services Director R. Henderson and Municipal Clerk N. Lougheed.

Planning/development administration in attendance for development applications: Development Officer II D. Bonnett and Development Officer I E. Damberger.

2.0 APPROVAL OF AGENDA 2.1 Additional Agenda Items Councillor Bell – 13.0 – Inquiry

CC-02-567 Moved by Councillor P.T. Archibald to approve the agenda and additional agenda item as submitted. CARRIED UNANIMOUSLY

3.0 APPROVAL OF MINUTES

CC-02-568 Moved by Councillor J.M. Perry to approve the minutes of the November 12, 2002, regular meeting of County Council as submitted. CARRIED UNANIMOUSLY

CC-02-569 Moved by Councillor E.E. Stoyberg to approve the minutes of the November 18, 2002, special meeting of County Council as submitted. CARRIED UNANIMOUSLY

Councillor Van Dewark read a statement offering a public apology relative to comments he made that were printed in the November 10, 2002, edition of a local newspaper. A copy of the statement was made available for members of the public and media. Reeve Johnson accepted Councillor Van Dewark’s apology on behalf of the County.

4.0 ADMINISTRATOR’S/DIRECTORS’ REPORTS 4.1 Administrative Items

(1) Resignation of Staff Member – County Manager Coon announced that Community Planning and Services Director Gary Buchanan has tendered his resignation effective December 31, 2002, as he has accepted the position of County Manager for Vulcan County. County Council Minutes of December 3, 2002 2

(2) General Holidays for 2003 – listing of days the administration office will be closed for 2003 for general holidays as provided for in the personnel policy. Reminder of the days the office will be closed for the upcoming Holiday season.

(3) 6th Annual Minister’s Seniors Service Awards – nominations close February 28, 2003, with Senior Citizens Week occurring the week of June 1 to 7, 2003.

(4) Alberta Municipal Affairs – copies of the booklet Guide to Property Assessment and Taxation in Alberta are available in the County office.

(5) Special Constable Services (Penhold) – Protective Services Director Henderson advised that the Town of Penhold did not proceed with the agreement for the County to provide Special Constable Services on a temporary basis as had been approved on October 29, 2002.

(6) Tri-County Committee – formation of a committee of representatives from Lacombe, Mountain View and Red Deer Counties to discuss matters relative to Hwys 766 and 791.

CC-02-570 Moved by Councillor K. Van Dewark to appoint Councillors E.R. Kinsella and E.E. Stoyberg and Operations Services Director F. Peck as Red Deer County’s representatives on the Tri-County (Lacombe, Mountain View and Red Deer) Committee formed to review Hwys 766 and 791. CARRIED UNANIMOUSLY

6.0 REPORTS

6.2 Red Deer County News – summary of proposals received and recommendation to award the contract for the production and distribution of the County News for a 5-year term.

CC-02-571 Moved by Councillor P.T. Archibald to award the contract for production and distribution of the Red Deer County News for a five-year term commencing January 15, 2003, to the Red Deer Advocate. CARRIED Councillor Stoyberg opposed

6.3 Benalto Laneways MR Designation – recommendation to approve an amending bylaw to revise the legal description to comply with Land Titles requirements.

Bylaw No. 2002/12 – a bylaw to amend Bylaw No. 2002/10, a bylaw to designate County-owned property as Municipal Reserve (MR) designation. (Revise legal descriptions in order to register parcels at land titles.)

CC-02-572 Moved by Councillor K. Van Dewark that Bylaw No. 2002/12 be given first reading. CARRIED UNANIMOUSLY

CC-02-573 Moved by Councillor J.M. Perry that Bylaw No. 2002/12 be given second reading. CARRIED UNANIMOUSLY

CC-02-574 Moved by Councillor S.M. Bell that Bylaw No. 2002/12 be given third reading at this time. CARRIED UNANIMOUSLY

CC-02-575 Moved by Councillor P.T. Archibald that Bylaw No. 2002/12 be given third and final reading. CARRIED UNANIMOUSLY

County Council Minutes of December 3, 2002 3

6.4 Town of Sylvan Lake, Proposed Annexation – request to approve a revised date to extend the time to complete the process.

CC-02-576 Moved by Councillor S.M. Bell to approve the revised date of the Town of Sylvan Lake annexation by extending it to January 1, 2003, and, if required, approve a further extension of the annexation to January 1, 2004. CARRIED UNANIMOUSLY

6.5 Ortho-rectification Digital Photography Project – recommendation to award the contract for this project, which is being cost shared with Prairie Farm Rehabilitation (PFRA), with the County’s share of the costs being 25 percent.

CC-02-577 Moved by Councillor E.R. Kinsella to award the contract for the Ortho-rectification of Digital Photography Project to Geodesy Digital Mapping Inc. at a cost not to exceed $24,620 plus GST. CARRIED UNANIMOUSLY

6.6 Land Payments Policy – recommendation to approve revision of this policy to increase the amounts paid for crop damage and borrow pit payments made to County landowners when signing a Land Agreement for road construction, with the new rates being in effect for all proposed 2003 construction projects.

CC-02-578 Moved by Councillor P.T. Archibald to amend Land Payments Policy No. 2.004 by approving the rate increases as proposed in the report submitted to Council, with the increased rates to apply to all 2003 projects, including Rge Rd 272 and Twp Rd 374, Rge Rd 275, and Rge Rd 285 and Twp Rd 380. CARRIED UNANIMOUSLY

6.7 Request for Policy Change – request from a ratepayer for the County to consider paying interest when overpayments on account occur.

CC-02-579 Moved by Councillor E.E. Stoyberg to deny the request for a change to Red Deer County’s policy relative to the 12 percent penalty charge applied to overdue tax accounts. CARRIED UNANIMOUSLY

6.8 Waskasoo Regional Services Board – presentation of proposed 2003 Operating Budget and request for ratification of said budget.

CC-02-580 Moved by Councillor E.R. Kinsella to postpone decision regarding the proposed Waskasoo Regional Services Board 2003 Operating Budget for two weeks to allow the Town of Penhold the opportunity to review said budget and provide comment. CARRIED UNANIMOUSLY

6.1 2003 Budget – County Manager Coon and Corporate Services Director Enion reported and presented Red Deer County’s proposed 2003 operating and capital budget.

CC-02-581 Moved by Councillor P.T. Archibald to postpone decision on the 2003 budget as presented for two weeks, to allow for Council review, with said budget to be brought forward on December 17, 2002. CARRIED UNANIMOUSLY 5.0 DELEGATIONS

County Council Minutes of December 3, 2002 4

5.2 11:23 a.m. – BoomTown Trail – Shelley Ohama, East Parkland CBDC Business & Economic Development Coordinator, provided a summary of the process followed for the creation of the BoomTown Trail initiative, which plans to encourage tourism in the area. Ms. Ohama distributed copies of letters and brochures regarding the BoomTown Trail. The group is requesting Red Deer County’s support for signage they are proposing as well as providing financial support.

These requests for support will be brought forward for Council review at the December 17, 2002, meeting.

5.1 11:44 a.m. – Red Deer Regional Airport Authority – Merv Phillips reported that Bruce Thorne, Vice-chairman, has been acting as Chair in the absence of Liam O’Connell who has been posted to Europe for the next 12 months. The Authority is continuing to work on the zoning proposal to establish an Airport Vicinity Plan. The budget has been established for 2003 and, once it has been approved, it be will be circulated to the stakeholders.

Mr. Phillips requested that his presentation go in-camera.

CC-02-582 Moved by Councillor S.M. Bell that the County Council meeting go in-camera. TIME: 11:50 a.m. CARRIED UNANIMOUSLY

Legal issue to be discussed.

CC-02-583 Moved by Councillor P.T. Archibald that the County Council meeting come out of camera. TIME: 12:10 p.m. CARRIED UNANIMOUSLY

Recess: 12:10 p.m.

Reconvene: County Council meeting called back to order at 1:30 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 1:39 p.m.

7.1 Bylaw No. 2002/2.14 – a bylaw to redesignate Pt NE 4-35-26-4 from Agricultural District “B” to Country Residence Agricultural District “CRAG.” (Kurt and Frances Walz – 5.1 acres)

CC-02-584 Moved by Councillor P.T. Archibald that Bylaw No. 2002/2.14 be given second reading. CARRIED Councillors Bell and Stoyberg opposed

CC-02-585 Moved by Councillor E.R. Kinsella that Bylaw No. 2002/2.14 be given third and final reading. CARRIED Councillors Bell and Stoyberg opposed

7.2 Bylaw No. 2002/2.15 – a bylaw to redesignate Pt NW 23-38-2-5 from Agricultural District “B” to Country Residence Agricultural District “CRAG.” (Kevin Dunn & Debbie Anotil-Dunn – 5.1 acres)

CC-02-586 Moved by Councillor S.M. Bell that Bylaw No. 2002/2.15 be given second reading. CARRIED UNANIMOUSLY

County Council Minutes of December 3, 2002 5

CC-02-587 Moved by Councillor K. Van Dewark that Bylaw No. 2002/2.15 be given third and final reading. CARRIED UNANIMOUSLY

8.0 SUBDIVISION APPLICATIONS

8.1 Kurt and Frances Walz – NE 4-35-26-4 – application to subdivide 2.05 hectares (5.1 acres) to facilitate the creation of a country residence subdivision.

CC-02-588 Moved by Councillor P.T. Archibald to approve the application made by Kurt and Frances Walz to subdivide 2.05 hectares (5.1 acres) on NE 4-35-26-4, to facilitate the creation of a country residence subdivision, subject to the following conditions: (1) subdivision to be effected by Plan of Survey or Descriptive Plan, with confirmation by way of a Real Property Report from an Alberta Land Surveyor that the existing buildings conform with the new designation and newly created property lines. The surveyor is to include on the Real Property Report, confirmation that all utilities, including the water well and the private sewage disposal system that service the existing residence, are legally contained within the proposed property boundaries; (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(b) of the Municipal Government Act, as amended. The developer is responsible for making suitable arrangements with utility companies for provisions of services and/or necessary easements; (4) confirmation from a licensed Safety Codes Officer that the well and septic system conform to the Plumbing & Drainage Regulation to the satisfaction of the County; and (5) the dedication of 5 metres along the east side of the quarter section for possible future road widening purposes to the satisfaction of Red Deer County. CARRIED Councillors Bell and Stoyberg opposed

8.2 Kevin Dunn & Debbie Anotil-Dunn – NW 23-38-2-5 – application to subdivide 2.1 hectares (5.1 acres) to create a country residential parcel.

Persons present who spoke to this application: Kevin Dunn, applicant.

CC-02-589 Moved by Councillor S.M. Bell to approve the application made by Kevin Dunn and Debbie Anotil-Dunn to create a 2.1-hectare (5.1-acre) country residence subdivision on NW 23-38-2-5, subject to the following conditions: (1) subdivision and consolidation of C of T # 992 284 327 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 the existing buildings conform with the new designation and newly created property lines. The surveyor is to include on the Real Property Report, confirmation that the water well and the private sewage disposal system that service the existing residence are legally contained within the proposed property boundaries; (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, in particular screening by way of landscaping of the business adjacent to Rge Rd 22,with and to the satisfaction of Red Deer County, in accordance with Section 655(b) of the Municipal Government Act, as amended. The developer is responsible for County Council Minutes of December 3, 2002 6

making suitable arrangements with utility companies for provisions of services and/or necessary easements; (4) confirmation, from a licensed Safety Codes Officer that the existing septic system conforms to the Plumbing & Drainage Regulation, to the satisfaction of the County; and (5) the dedication of 5 metres along the north side of the quarter section (Twp Rd 384) for possible future road widening purposes to the satisfaction of Red Deer County. CARRIED UNANIMOUSLY

9.0 BYLAW / DEVELOPMENT APPLICATIONS

9.1 Ultra Sales & Services Ltd. – Lot T, Block S, Plan 547 RS, NW 28-37-27-4 – application to redesignate 15.59 hectares (38.61 acres) from Agricultural District “A” and Recreation Facility District “RF” to Mobile Home Park District “MHP” to develop a quality manufactured home development.

Persons present who spoke to this application: Andy Janko, applicant.

Bylaw No. 2002/2.18 – a bylaw to redesignate Lot T, Block S, Plan 547 RS, NW 28-37-27-4 from from Agricultural District “A” and Recreation Facility District “RF” to Mobile Home Park District “MHP.” (Ultra Sales & Services Ltd. – 38.61 Acres)

CC-02-590 Moved by Councillor J.M. Perry that Bylaw No. 2002/2.18 be given first reading with no further action to be taken pending receipt of an application to amend the Medicine River Area Structure Plan and the County’s Municipal Development Plan and preparation of an area storm water management plan. CARRIED Councillors Archibald, Bell and Stoyberg opposed

11.0 COMMITTEE REPORTS

11.1 Red Deer Regional Airport Authority – minutes of October 17, 2002, meeting attended by Community and Planning Services Director Buchanan.

11.2 Red Deer and District Family and Community Support Services – minutes of November 5, 2002, meeting attended by Councillors Archibald and Perry.

11.3 David Thompson Tourist Council – minutes of Annual General Meetings held November 6, 2001, and November 13, 2002, attended by Community and Planning Services Director Buchanan.

11.4 Red Deer Visitor & Convention Bureau – minutes of September 17, 2002, meeting attended by Community and Planning Services Director Buchanan.

11.5 Normandeau Cultural and Natural History Society – minutes of October 30, 2002, meeting attended by Community Services Coordinator Mousseau.

CC-02-591 Moved by Councillor P.T. Archibald to accept these minutes (Items No. 11.1 to 11.5) for information. CARRIED UNANIMOUSLY

County Council Minutes of December 3, 2002 7

12.0 CORRESPONDENCE The following correspondence was provided for Councillor information:

12.1 Government of , Secretary of State – letter advising of Red Deer County’s approval of funding for its “Information Management Framework for Agricultural Regions” project.

12.2 Red Deer River Naturalists – letter commending Red Deer County for using an alternative energy source in the new administration building.

CC-02-592 Moved by Councillor K. Van Dewark to accept this correspondence (Items No. 12.1 and 12.2) for information. CARRIED UNANIMOUSLY

13.0 COUNCILLOR INQUIRIES

13.1 National Defence Correspondence – Councillor Bell reviewed the invitation that members of Council received to attend a Town Hall meeting at the Colonel Cormack Armories in Red Deer on December 4, 2002, at 1:30 p.m. Councillor Archibald volunteered to attend this meeting as Red Deer County’s representative.

CC-02-593 Moved by Councillor K. Van Dewark that a new item be added to the meeting agenda. CARRIED UNANIMOUSLY

13.2 Confined Feeding Operation, SE 26-37-28-4 – Councillor Van Dewark reviewed the history of this operation, reporting on concerns that have arisen when the property owner had reached an agreement to sell the property. Alberta Agriculture previously issued a Certificate of Compliance for a 250 Sow, Farrow to Finish Hog Operation. Development Officer II Bonnett provided information from the County’s files on this operation.

CC-02-594 Moved by Councillor K. Van Dewark to delegate authority to the Development Officer to issue a Certificate of Compliance from Red Deer County for a 250 Sow, Farrow to Finish Hog Operation on SE 26-37-28-4.CARRIED UNANIMOUSLY

5.0 DELEGATIONS

5.3 2:25 p.m. – Rosewood Bay Community Association – Bill Sveinson representing the Community Association, with 10 of the 15 active members being present during the submission. Mr. Sveinson requested that Council reconsider its July 2, 2002, decision and give consideration to extending the time period for a four-year term on the proposed “standstill” agreement to allow all the developments to meet compliance.

Administration was directed to bring a report forward at the December 17, 2002, meeting relative to the applicants’ request.

5.3 2:50 p.m. – Olds College Landscaping – Marissa Koop and Graeme Norrish, Olds College, Diploma Horticulture, presented the Gasoline Alley Project proposal they had prepared. The proposal includes improvements and landscaping to the Gasoline Alley area as an entrance to the County and the City. Ms. Koop and Mr. Norrish plan to present this proposal at a public meeting being held from 5 to 8 p.m. today at the Western Budget Motel in Gasoline Alley West.

County Council Minutes of December 3, 2002 8

14.0 ADJOURNMENT

CC-02-595 Moved by Councillor E.E. Stoyberg that the County Council meeting adjourn. TIME: 3:16 p.m. CARRIED UNANIMOUSLY

______REEVE COUNTY MANAGER County Council Minutes of December 3, 2002 9

Public Hearing Comments

Bylaw No. 2002/2.14 – a bylaw to redesignate Pt NE 4-35-26-4 from Agricultural District “B” to Country Residence Agricultural District “CRAG.” (Kurt and Frances Walz – 5.1 acres)

No comments heard or correspondence received.

Bylaw No. 2002/2.15 – a bylaw to redesignate Pt NW 23-38-2-5 from Agricultural District “B” to Country Residence Agricultural District “CRAG.” (Kevin Dunn & Debbie Anotil-Dunn – 5.1 acres)

No comments heard or correspondence received.