The Council of the Municipal District of Foothills No. 31 met at the Foothills Administration Building, High River, Alberta, for a meeting on April 16, 2014 at 9:00 a.m. Present were Reeve L. Spilak, Councillors T. Mills, J. Parker, S. Oel, R. Chase, D. Miller, R. Percifield, Municipal Manager H. Riva Cambrin, Director of Planning H. Hemingway, and Recording Secretary D. Greenwood. Reeve Spilak called the meeting to order at 9:08 a.m. The M.D.’s Deputy Director of Public Works H. Pettigrew, Supervisor of Infrastructure J. Edgington, Director of Emergency Management C. Terletski and Agricultural Fieldman J. Porter were in attendance for a discussion period with Council. COUNCIL AGENDA Moved that Council approve the agenda for the Council meeting of April 16, 2014. CARRIED ADDITIONS TO COUNCIL AGENDA Moved that Council approve the additions to the agenda for the Council meeting of April 16, 2014. CARRIED FIELD HOUSE SITE – ROAD NAME Moved that the road to the Field House site be named Field House Drive. CARRIED CW RANCH DEVELOPMENTS LTD. – NE 08-21-29 W4 DEVELOPMENT PERMIT APPLICATION Moved that Council approve the application whereby the existing signage is brought into compliance within the property legally described as Plan 0511416, Block 3, Lot 2, NE 08-21-29 W4, subject to further consideration on the following suggested conditions: the applicant is approved to have fascia signage only, approved only as submitted under this application; no further signage is permitted without first applying for and obtaining approval from the M.D. of Foothills, this includes temporary free standing signs; this approval is not for any further development on the said land; pursuant to the Land Use Bylaw, where a sign is not kept in a safe, clean state of repair, the Development Officer may, by written notice, require the person responsible for the sign or the owner of the property or both to remove the sign or alter or refurbish the sign within a certain specified time period. Where no action is taken, the Development Officer may enter upon the land and take such action as is necessary to carry out the order and cause the costs incurred in carrying out the order to be placed on the tax roll as an additional tax against the person responsible for the sign or the property owner; the applicant is responsible for payment of any professional costs, including legal fees, that may be incurred by the Municipal District with respect to the development approved on this permit. CARRIED RECESS Moved that Council recess to sit as the Subdivision Approving Authority. CARRIED TINK – SUBDIVISION - NW 21-19-02 W5M Mrs. Miller moved that Council has no objection to the time extension requested and the landowner therefore has until May 8, 2015 to comply with all conditions of subdivision as originally set forth on May 8, 2013. CARRIED PEDERSON – SUBDIVISION - NE 22-21-02 W5M Moved Council approve the time extension for the subdivision approval previously granted on February 27, 2003. THE MOTION WAS LOST Moved that the time extension as requested for the subdivision approval granted on February 27, 2003 be refused as the subdivision approval was granted more than ten (10) years ago and it was determined that the applicants had been granted sufficient time to complete the subdivision. CARRIED ADJOURN Moved that the meeting of the Subdivision Approving Authority adjourn and that Council continue with its regular agenda. CARRIED Road Closure Coordinator Theresa Chipchase entered the Council Chambers. DAIS – NW 27-19-03 W5M – ROAD CLOSURE FOR PURCHASE Mrs. M. Dais was in attendance for the public hearing with respect to the application for a road closure in order to close and purchase a portion of the undeveloped statutory road allowance known as 450th Avenue on the North side of the applicants' property. This application was circulated in the Western Wheel on April 2 and April 9, 2014 and to adjacent landowners. The subject property is located approximately three and one-half miles south west of the Town of Turner Valley, directly East of 240th Street West. Mr. and Mrs. Dais have indicated that White Moose Ranch, who own the small area of land between the undeveloped road allowance and the developed road, may be willing to sell this portion of land to Mr. and Mrs. Dais, in favor of a boundary adjustment between the two properties, as it is contiguous to their quarter section and cut off from White Moose Ranch due to the developed road (450th Avenue). Letters of support were received from Mr. Stanley Carscallen, President of White Moose Ranch Ltd., and Mr. Ian S. Fowler and Mr. Merril J. Schmitt. The public hearing was closed. BYLAW 13/2014 Bylaw 13/2014 was introduced into the meeting to authorize the road closure for purchase of a portion of the undeveloped statutory road allowance known as 450th Avenue West, along the North boundary of NW 27-19-03 W5M. Moved first reading. THE BYLAW WAS PASSED FOR ONE READING Council with the approval has offered that in lieu of the applicant’s providing payment to the Municipality for the purchase of the undeveloped right of way, that Mr. and Mrs. Dais in turn provide 5 meters of road widening in perpendicular width along the north boundary of their property adjacent to 450th Avenue West by caveat that would allow for municipal upgrades to the road in the future. Prior to further consideration, Bylaw 13/2014 will be sent to Alberta Transportation for Ministerial approval. WEBER’S WOODCRAFTS LTD. – AMENDMENT - SE 33-21-29 W4M Mr. G. Weber and Mr. D. Badke, representative for the landowners, were in attendance for the public hearing in connection with the proposed amendment of the Land Use Bylaw to allow for the future subdivision of one additional 3.95+/- acre parcel, to be facilitated through a future boundary adjustment. Mr. R. Swirsky was also in attendance. Mr. Badke indicated the lands as outlined are owned by an adjacent landowner, Mr. K. Bates. Although the municipal road has been successfully shared for the past 20 years, the intention is to create a legal situation by creating one additional lot from the existing 4.45-acre parcel and the 8.28-acre parcel. The site plan indicates one 1.65+/-acre portion being removed from the existing 4.45-acre parcel and one 2.3+/-acre portion of land being removed from the 8.28-acre parcel in order to create one 3.95+/-acre parcel. Mr. R. Swirsky, an adjacent landowner, had no objection to the application. Mr. Badke and Mr. Weber made closing comments. The public hearing was closed. Moved that the application for the amendment of Lots 30 and 31 within Plan 9411384 in SE 33-21-29 W4 from the Country Residential District land use rules in order to permit the future subdivision of one additional parcel be refused for the following reasons: In consideration of the criteria noted within Policy 3 in the Residential Section of the MDP2010, Council is of the opinion that the application does not adequately address the intent of the Residential policy with respect to the access proposed which is considered to be inappropriate for the development. Furthermore, the density as proposed is inconsistent with Policy 14.1 of the Residential Section of the MDP2010 and Policy 13.6.1 of the Land Use Bylaw. CARRIED APPLICATION FOR PROPERTY TAX RELIEF - TAX ROLL #1829250010 Moved that Council amend Resolution #185 to read as follows: based on the 2013 residential tax levy of $3,010.87 and the fact that the premises were uninhabitable for 194 days, Council authorize the cancellation of property taxes in the amount of $1,600.30 for Tax Roll #1829250010, legally described as Plan 1014136, Block 1, Lot 1 in SE 25-18-29 W4M and that this amount be credited to their tax account. CARRIED APPLICATION FOR PROPERTY TAX RELIEF – TAX ROLL #2029240985 Moved that Council amend Resolution #263 to read as follows: based on the 2013 residential tax levy of $728.19 and the fact that the premises were uninhabitable for 194 days, Council authorize the cancellation of property taxes in the amount of $387.04 for Tax Roll #2029240985, legally described as Plan 0311515, Unit 172, E. 24-20-29 W4M and that this amount be credited to their tax account. CARRIED DISASTER SERVICES Moved that Council approve the purchase of sirens, subject to the receipt of grant funding. CARRIED DANIELLE SMITH, MLA – HIGHWOOD CONSTITUENCY Moved that Council instruct staff to schedule a lunch meeting between Danielle Smith, MLA for the Highwood Constituency and M.D. Council on June 11, 2014. CARRIED ALBERTA MUNICIPAL AFFAIRS Moved that Council acknowledge for information purposes a letter dated April 14, 2014, from Acting Minister of Municipal Affairs Greg Weadick regarding the mediation report process and report. CARRIED APPLICATION FOR PROPERTY TAX RELIEF – TAX ROLL #1928095050 Moved that based on the 2013 residential tax levy of $2,689.81 and the fact that the premises were uninhabitable for 194 days, Council authorize the cancellation of property taxes in the amount of $1,429.65 for Tax Roll #1928095050, legally described as Plan 708LK, Block 5, NW 09-19-28 W4M and that this amount be credited to their tax account. CARRIED APPLICATION FOR PROPERTY TAX RELIEF – TAX ROLL #1829345030 Moved that based on the 2013 residential tax levy of $3,919.68 and the fact that the premises were uninhabitable for 117 days, Council authorize the cancellation of property taxes in the amount of $1,918.91 for Tax Roll #1829345030, legally described as N.