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HomeMy WebLinkAbout1977-02-07 Council MinutesA G E N D A COUNCIL METING FEBP.ut-RY 7th,1977 1 Appointments. R V Melwood - 10 30 A M Tony Seiler -- 1,15 P '. R Massiah, Alta Labor - 1 � 00 n is 2 Transmittal of Decision - J Koot OK Poulty Farm - NE 16- 30 -25 -4 3 Consideration of Subdivisions, (a) R W. Rankin - SW 20--- 30 -25 - -4 4 Building; Permits Alta Transportation - Permit Issued -- Dr Foulon Pt NE 22- 28 -29 -4 Gerald L. Biebrick, Carbon - N14 29- •23- -23 - -4 & Pt NE 29-28-23-4 - Residence Prairie Bible Institute - Extension good Working Shop Pt SE 1- 32 -24 -4 5 Alberta Local Authorities Board - Annexation - Town of Trochu 6 Decision on taxes farm land annexed to urban centers and Decision of Local Authorities Board (a) Town of Three Bills (b) Village of Acme 7 Appeal - R V Melwood against recision of Development Control Officer Swalwell Lots 25, 26 27 & 28 in Block 4 8 Report by G G Kinp on other Swalwell matters 9 Report on Final Approval by Provincial Planning Board regarding Resolutions 1 and 2 10 Discussion of Building: By -law, changes to same, Building Inspectors, etc 11 Appeal Tony Seiler Against Decision of Development Officer - Permit No. 17 -77 Automotive Repair Shop NE 22-- 29 -26 -4 12 Proposed Amendment to Development Control By -Law 789 regarding single family residences not requiring development permit 13 Consider matter of Trailer illegally located on SE 24-- 30• -25 -4 - Dean Esau Linden - Development Permit No 15 -76 _- Refused ,_ no appeal filed 14 Discussion of following; items regarding Development Control and Subdivisions (a) Consideration of proposals re... hog farrowing operation within 2 miles of an urban center (b) What constitutes a home occupation T V Sales, Dop Boarding Kennel (c) Auto Wrecking business in hamlets (d) Other problems with Development Control 15 Discussion of direction for subdivisions in this area 16 Discussion of deserve along creek banks etc. •- i e Beagrie Subdivision 17 minutes C R P C 18 Acme proposal for sewer expansion SPECIAL COUNCIL MEETING - FEBRUARY 7th.1977 A special meeting of Council of the Municipal District of Kneehill #48 was held in the Municipal Office, Three Hills, on Monday, February 7th,1977, commencing at 9.00 A.M. Due notice was given to all Councillors of this meeting. Councillors present for this meeting were. PRESENT Gilbert A Berdahl Div 1 Ralph W Brown Div 3 (Reeve) T A Ferguson Div. S Leonard Litz Div 6 Reginald Campbell Div 7 Mr. Karl Nemeth of Calgary Regional Planning Commission, together with Mr William Wray from the Commission were n_resent for the major � portion of the meeting. Mr Peter Spilchen, Assessor, was also present Jean Wilkinson was present and recorded the minutes f DISCUSSION The purpose of this meeting, among other things, is to discuss DEV. Tannin matters and the CONTROL planning problems which arise under Development Control By --law Number 789 One of the problems arising at present are proposed hog farrowing operations within the two mile limit of the Village of Acme It was generally agreed that the biggest problem with this type of operation is the spreading of the liquid manure and the smell it creates There are numerous complaints from Village residents now regarding existing operations The representatives from C R P C stated the Council could establish regulations for this type of operation, such as the manure must be worked into the soil within 24 hours of spreading, or perhaps a condition would be that the manure must not be spread on land within a 2 or 3 mile radius of the village It was noted that there could be no control on existing operations, until such time as such an operation wanted to increase or expand its exi.stinr operation New operations can be controlled or prohibited in certain areas However they noted the regulations should be established now in order to prevent problems arising in future, with the proposed new operations One other suggestion was to have the Health Unit and perhaps Alberta Environment inspect the existing operations to u e if they do comply with existing regulations Such regulations should be instituted by means of a Development Control Resolution It was generally agreed that a meeting should be held with the proposed developers, the Village of Acme and Councillors to find out what the problems are, and what could be done to help alleviate the problems for any new operations C R P C representatives suggested that Council pass a policy resolution to give guidelines to the Development Officer until such time as a proper Development Control Resolution can be formulated Mr Brown moved that no liquid manure be a two mile radius of any town, village or District, and such intensive agricultural the Drumheller Health Unit POLICY RE. spread on land within INTENSIVE hamlet in the Municipal USE OF uses be approved by LAND , Carried 2 COUNCIL MEETING FEBRUARY 7th,1977 Pz There was discussion of what constitutes a home occupation Two examples cited were a dog boarding kennel and T.V. Sales Following discussion of these matters it was generally agreed that a dog boarding kennel would be an intensive agricultural use, and it was noted that the definition for intensive agricultural use is found on Page 19 of the Preliminary Regional Plan, Part 3 Section 2 3 (H) A home occupation becomes a matter of interpretation using the Development Control by-law and the Preliminary Regional Plan as a guide There was discussion of conditions that could be imposed on a dog boarding kennel, such as limiting the number of dogs at the kennel at any one time, limiting the number of dogs that may be outside at any one time, and various other conditions There was a brief discussion about controlling industrial uses in hamlet residential areas, and the problems that are arising in some of the hamlets Mr Litz moved that Council do now adjourn to sit as the Development Appeal Board Carried Time of Adjournment- 10.30 A M Mr Berdahl moved that Council do now reconvene Carried Time -- 11 30 A M Council then considered the matter of T V Sales as a home occupation in a rural area C R.P C representatives outlined certain distinctions between T V Sales and T V repair businesses, and noted that there could be a trend toward this type of applications for many kinds of businesses attempting to be classified as a home occupatinn. It was noted by C R.P.0 that if the Development Officer has doubts about any such application, he should refuse it, and let the applicant take it to the Development Appeal Board who have the right under the By-law to allow such types of businesses, on a temporary permit basis C R P C have prepared copies of our Development Control By -law and delivered 20 complimentary copies to the office today. Any additional copies will cost approximately $2 50 each After discussion of the price to be set for sale of these copies to the public, Mr. Campbell moved that the fee v for sale of the copies to the public be $5 00 each Carried The decision from C.R.P C reggardin- proposed subdivision for 0 K Poultry Farm - NE 16-30-25 - -4 - was read to the meeting Mr Ferguson moved to accept and file this as information. Carried Building permits issued recently were then referred to the meeting as follows a) Alberta Transportation have issued a building permit to v Dr. Foulon for his residence on Pt. NE 22 28 - -20 -4 t Mr Berdahl moved to accept and file this as information Carried i 789 PRICE FOR SALE OF COPIES OF BY -LAW 789 SUB DIV DECISION BUILDING PERMITS 3 COUNCIL MEETING FEBRUARY 7th,1977 P 3 b). G. L Biebrick Permit for Residence on NW 29 & Pt NE 29 in 28-23 4 Mr. Campbell moved to accept and file Carried c) Prairie Bible Institute Permit for extension to wood working shop Pt. SE 1­32 24.4 V) Mr Ferguson moved to accept and file as information Carried TROCHU ANNEXATION Alberta Local Authorities Board have issued a board order approving the annexation of certain lands to the Town of Trochu to accomodate the new meat processing plant ✓1 11r Campbell moved to accept and file this as information Carried DEV CONTROL Mr. King advised the meeting that Alberta Provincial Planning RESOLUTIONS Board have returned our Development Control Resolutions Number 1 & 2 1 and 2 duly approved by the Board APPROVED Mr Litz moved to accept and file this as information i/1 Carried The meeting adjourned for dinner between 12 00 Noon and 1:00 P M DINNER Mr. R. Massiah from Alberta Labour, Building Standards Branch entered the meeting at 1.00 P M BUILDING BY -LAW Following general discussion, Mr Campbell moved that Council DISCUSSION do now adjourn and sit as the Development Appeal Board. R MASSIAH Carried Time of Adjournment 1.15 P M Mr Ferguson moved that Council do now reconvene Carried Time - 1 °45 P M Mr Nemeth and Mr Wray from C.R.P C then left the meeting 0 Mr Massiah then discussed with Council the matter of building by-laws and provincial legislation and regulations regarding building standards �! Ile agreed to outline to the meeting the duties of Council in regard to building inspection, permits and minimum requirements, etc Mr Massiah advisedthat the law states that all buildings in Alberta except farm buildings come under the regulations Farm residences come under the regulations, but the farm buildings 1 do not All community buildings, churches, halls, residences stores, office.. etc , are controlled by Provincial regulations. This Municipal District is authorized to issue building permits having, been authorized by the Provincial Government in April of 1974, as the M D had previously been issuing permits He stated -- "As you are authorized to issue permits, you therefore share a responsibility with the Province to see that buildings are built in accordance with regulations of the Province °! r ..4 COUNCIL MEETING FEBRUARY 7th,1977 P 4 He noted that the regulations are very complex and there are not too many people who really understand these regulations When building permits are requested, two sets of the plans should be submitted to the M D If the request is for a single family residence which is being financed under Central Mortgage and Housing Corporation or Alberta Housing there will be no great problems arise as these mortgage companies have inspectors, who will ensure that the house is built to standards However if the house or other project is being privately financed and the plans are more complex, these should be looked at by a building inspector to ensure they comply with build -ing Plagulations If the M D does not have a building inspector to do this the plans can be sent to the Building Standards Branch for inspection There is no charge for this service at this time However Mr Massiah noted that it does take time, possibly two weeks Buildings for public use, such as schools, churches, etc, must be inspected by the Provincial Building Standards Branch Mr Massiah also noted thathts branch will also inspect buildings during construction if requested to do so He stated that some municipal Districts and Counties use their utilities officer as a building inspector and his branch will train them to read plans, etc , and give assistance Mr Massiah presented the Councillors with copies of a proposed building by-law and copy of the Alberta Uniform Buildinp, Standards Act, and advised that the by- -law had been approved by various government agencies, but at the present time there is some conflict with the Provincial Planning Act, but he felt this would be repolved when the new Planning Act is completed He reviewed the building by - -law draft with Council and outlined situation where building permits would be required and the information required on such applications There was a brief discussio~-iabout wood foundations and Mr Massiah stated such a foundation is legal providing; the plans are approved by an engineer The foundation must be inspected by an engineer before it is backfilled to ensure that it has been constructed properly, and a letter written to the Municipality to this effect These types of basements are more easily insulated It was noted that minor repairs not exceeding an amount which can be set by Council would not require a building permit There was a brief discussion about the schedule of fees for issuance of building permits, and it was noted that these can also be set by Council. Mr Massiah also spoke briefly about mobile homes He noted that mobile homes constructed in Alberta are of better quality as they must meet higher standards There was a brief discussion about a building inspector and it was generally agreed that this M D would not warrant a full time building inspector There was discussion about the disregard of by -laws, and Mr Massiah advised that his branch is willing to give assistance to Municipalities in this direction The Alberta Uniform Building Standards Act is very powerful and stop work or stop use orders can be issued under the provisions of this Act, and fines levied for failure to comply ..5 Y� COUNCIL MEETING FEBRUARY 7th 1977 P 5 Mr Brown thanked Mr. Massiah for coming to the meeting and giving us this valuable information Mr Massiah then left the meeting, at approximately 2 45 P M There was brief discussion regarding the need for afan in the Council room and it was agreed that this be discussed at the next Council meeting, when all Councillors are present. It was noted that there is a School Board meetin- on February 9th and. Mr Brown advised he would not be able to attend Mr Ferguson agreed to attend this meeting Following brief discussion about the building by -law Mr Ferguson moved that the matter of a building by law be tabled untilthe meeting of Council on February 28th 1977. Carried I/1 The matter of the Beagrie subdivsion in NW 9 32 -24 4 was again BEAGRIE reviewed with regard to the 10 foot strip of reserve along SUBDIVISION the top bank of the Kneehill Creek NW 9 -32 -24 Mr King reviewed the correspondence regarding this subdivision and it was noted that the Provincial Planning Board did not feel that the Beagries had the right of appeal A letter had been forwarded. to Mr. and Mrs. Beagrie by C R P C advising them of their alternatives now, and it was further noted that they had been granted a six month extension of time to complete the subdivision It was generally agreed that the matter should be held in abeyance until a reply is received from the Chairman of the Provincial Planning Board in connection with the letter sent to him by Nir King on January 31st, 1977 Mr. Ferguson moved that Council approve of the correspondence forwarded to the Chairman of the Provincial Planninp Board, and hold this matter in abeyance pending receipt of a reply from the Board. Carried The meeting then considered a proposed subdivision in 20--30 25 -4. Mr King outlined the pronosal and noted that this subdivision is along a creek and the matter along the creek bank would arise in this subdivision RANKIN SUB SW SW 20 -30 -25 of reserve Mr Berdahl moved that Council recommend approval of the subdivision only on condition that the Municipal District does not obtain title to a public reserve strip along; the creek bank that the subdivided parcel of land start 10 feet back from the top of the bank of the Kneehill Creek. and that the said 10 foot strip along the creek bank remain in title with the balance of the quarter section, and further that the cash in lieu of public reserve be set at $500 00 per acre, and the land be consolidated into title with the 14 acres in Section 19 as outlined by the applicant Carried BOARD ORDERS ANNEXATION Board orders regarding previous annexations of land to the THREE HILLS Town of Three Hills and the Village of Acme were briefly & ACME reviewed in particular with regard to the taxation of the land & so annexed It was noted that possible annexation applications TAXATION will be received from various urban centers in future Mr Litz moved to accept and file this as information Carried 2, 9� � a, COUNCIL MEETING FEBRUARY 7th,1977 P.G Mr King briefly reviewed certain matters concerninn the hamlet of Swalwell, in particular the Dunbar trailer and closure of Wacker Avenue and a possible new residence �E Mr Campbell moved to accept and file this report as information Carried MIS PLANNING MATTERS A proposed amendment to Development Control By -law Number 789 was briefly considered: and Mr Ferguson moved to table this matter until the next meeting, of Council, so that representatives from C R P C could be present Carried The matter of a trailer illegally located on the SE 24-- 30 -25 -4 was reviewed, and Mr Brown moved that this site be inspected and a report brought back to the next meeting of Council Carried The minutes from C R P C were briefly reviewed and discussed Mr Ferguson moved that the minutes from C R P C be filed and not brought to the Council meetings Carried There was brief discussion about the proposed extension to the Acme Sewage Lagoon, Mr Berdahl moved to table this matter pending receipt of further information Carried An inquiry was made about a councillor charging for a number of small items which accumulate over a period of time, and it was noted that this can be done and the councillor should submit an account outlining these expenses Mr Berdahl moved that this meeting do now adjourn Carried Time of Ad urnment - 5.00 P.M - - -_�- -------------------- - - - - -- Reeve 0 ------ - - - --- �_-- I- - - - - -_ - - - - -- Secretary- •Treasurer r— Next Reiular Meeting of Council - February 14th,1977 /1