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HomeMy WebLinkAbout1984-06-26 Council MinutesE • COUNCIL MEETING JUNE 26th, 1984 P 1 A regular meeting of the Council of the Municipal District of Kneehill 448 was held in the M D Office, Three Hills, on Tuesday, June 26th, 1984, commencing at 9 00 A M Those present were PRESENT J Finlay Code Division 1 Otto Hoff Division 2 (Reeve) Robert E Boake Division 3 Richard A Maerz Division 4 Harold Mueller Division 5 Bruce Hastie Division 6 Reginald G Campbell Division 7 J C Jeffery, Municipal Administrator 0 Mrs Jean Wilkinson, Assistant Administrator was present and recorded the minutes Mrs. Susan Friesen, representative from the Three Hills Capital was also present. „n Mr Boake moved approval of the minutes of the June 12th meeting of council APPROVAL CARRIED MINUTES Mrs Wilkinson reviewed the bank reconciliation statement for the month BANK of May, 1984 and after discussion Mr Mueller moved approval of the statement .n STATEMENT as presented CARRIED Mr Jeffery reviewed his report covering the period June 12th to June 26th, 1984 and the matter of the requested dust control on 6th Avenue North through P B I.was discussed in detail It was noted a delegation from Ruarkville wish to meet with council at the next meeting to discuss this matter It was noted that there is a 20 mile per hour speed limit on that road and adherance to the speed limit would likely eliminate some of the dust problems Mr Jeffery asked council if they wish to meet with the Town of Three Hills regarding the proposed annexation and it was agreed this should be done The control of dogs in hamlet areas was discussed in detail and it was suggested that any complaint regarding dogs should be put in writing After lengthy discussion of this matter and enforcement of the by -law, and the possibility of hiring a dog catcher, Mr Hastie moved that the M D hire Tri Eagle Services from Airdrie to enforce the dog control by -law on a six month trial basis, and further moved that any complaints regarding dog problems must be forwarded to the M D office in writing CARRIED Mr Jeffery noted that Mr Campbell was honoured with a life membership in the Alberta Fire Chief's Association recently and council extended their congratulations to Mr Campbell �e uvr 5e" r The Albrecht Creek Crossing was discussed in detail and it was agreed that the Bridge Branch be requested to inspect this location(and the other culvert located on the same road)to see if the proposal to install the used 24" culverts would improve the low level crossing and further Bridge Branch be requested to provide a grant for such installation if same is available J C J REPORT DUST CONTROL 6th AVE. PROPOSED ANNEXATION CONTROL DOGS HIRE DOG CATCHER R G CAMPBELL LIFE MEMBERSHIP FIRE ASSOC_ ALBRECH CREEK CROSSIN It was noted that the road past the Mt Olive Church west of Three Hills requires gravel, but the gravel crew is presently hauling 11" crush to the SR 583 road project and will likely be there for another 5 weeks Mr Jeffery noted gravel has been spread on roads as follows- GRAVEL Division 1- 21,590, Division 2.- 4,290, Division 3- 4,838, Division 4- 1,698, REPORT Division 5- 1,498, Division 6 - 14,794, Division 7 -1, 114 - Total 49,822 \, Mr Campbell moved to accept the report given by Mr Jeffery CARRIED MR Mueller moved that Council meeting do now adjourn in order that Court HOLD of Revision may now be held - Time 10.00 A M CT CARRIED REVISION Mr Boake moved that Council meeting do now reconvene, court of revision having been dealt with. CARRIED D Time 10.25 A M • F_ -I LJ COUNCIL MEETING JUNE 26th, 1984 P 2 Mr Jeffery read a letter from Alberta Energy & Natural Resources, Fish and Wildlife Department regarding the possibility of installation of garbage facilities at what is known as the Anderson Dam on SW25- 28 -21 -4 GARBAGE .f PICKUP !I Mr Douglas Lowe from this department entered the meeting at this time to AT ANDERSON discuss this matter with Council DAM Mr Lowe reviewed with council in detail the operation of his department & MEETING and programs which are operated by this department He noted his department WITH ALTA looks after fish management in the South Central area of the province and are responsible for setting bag limits, review of fishing regulations WILDLIFE up- grading or creation of fish dams, stocking dams, etc DOUG LOWE Mr Lowe noted his department is responsible for the Bigelow Dam He also reviewed two programs which are operated by his department - Bucks for Wildlife - which attempts to develop habitqor wildlife, among other things and might include repairing old dams, digging out a slough to provide a water habit and many other things However ,/\ the program must involve fish The other program is called "Access Program" and this program attempts to solve the access problems to stocked bodies of water Mr Lowe noted their department will under these programs provide funding for sanitary facilities at certain sites along with a garbage disposal container such as at the Swalwell Dam or at the Anderson Dam. However they like the local govenerment to take over maintenance of the facilities once they have been provided PROV FUNDING FOR SANITARY FACILITIES AT STOCKED DAMS, LAKES ETC He also noted there is a lack of good access to the Red Deer River and the Access Program may be able to look at this situation in future Mr Lowe discussed with council various matters, including the fish kill last year at the Bigelow Dam, type of fish stocked at the Bigelow Dam, the fact that the Bieelow Dam is a borderline type of dam and therefore likely will not have sanitary facilities installed there, and it was determined that the Fish & Wildlife Department is likely the one to contact with regard to control of Toad Flax around the Bigelow Dam, as they were involved in the project There was discussion about the removal of gravel from the Red Deer River and Mr Lowe indicated it has been done in other areas and as long as the fish habitat is not disturbed his department would likely agree but the permits must be obtained from another department, and his department would provide imput in making the decision on granting the permit or not The location of the garbage bins at the Anderson Dam was again discussed and Mr Lowe noted there will be 4 barrles and it would likely have to be picked up at least once a month However council advised Mr Lowe that it would not have the facilities available to pick up the garbage there and it was suggested he discuss the matter with the City of Drumheller or Alberta Transportation Mr Code then moved that the M D would not have any objection to the installation of the garbage facility at the Anderson Dam - SW 25- 28 -21 -4 - on M D road allowance on condition the government would move the garbage facility at their own expense should the M D require its removal for any reason and further moved that the M D not accept any responsibility for collection %offi�ogarbage from this location \ , o 'ell CARRIED There was further discussion with Mr. Lowe concerning the Swalwell Dam and Mr Lowe explained to council the type of sanitary facilities which could be installed, and Mr Hoff moved that the M D request assistance from the Fish and Wildlife Department for installation of up- graded sanitary facilities and garbage disposal facilities at the Swalwell Dam through the appropriate grant program CARRIED Mr Lowe noted there likely would not be funding available this year but perhaps next year. He then thanked council for their time and left the meeting - 11 30 P M �I Mr Frank Wesseling from P R P C entered the meeting at this time, and the following subdivisions were reviewed 1 Lot 4 Block G Three Hills - David Dyck - request to split lot and building located on this lot - for commercial purposes After discussion Mr Campbell moved that the M D would have no objections to this proposed subdivision CARRIED 9/ SUBDIVISIONS U C� 0 COUNCIL MEETING JUNE 26th, 1984 P 3 Mr Hastie moved that the applications for subdivisions submitted by Mr Sharp and Mr Balderson be tabled until the next meeting of council CARRIED The board order received from the Provincial Planning Board regarding STAN MILAN Mr Stan Milan's application for redesi.gnation of SE 17- 31 -22 -4 to a ORDER highway commercial designation was read and reviewed by council The planning board refused Mr Milan's appeal NNING PLANNING SE The application for redesignation received from Mr Milan to redesignate 22 the land to highway commercial was then reviewed and Mr Mueller moved 4 that Palliser Regional Planning Commission draft an amendment to the C7 M D. land use by -law to redesignate the proposed parcel of land from agricultural conservation to highway commercial and same be6 considered by council at the next meeting CARRIED r V eke Frank Wesseling left the meeting at this time The meeting then adjourned for dinner between 12.00 Noon and 1 00 P M V1\ DINNER Ross Rawlusyk from Palliser Regional Planning entered the meeting at this time Mr Boake moved that the Council meeting do now adjourn in order to hold HOLD PUBLIC the public hearing scheduled for 1 00 P M today v\ HEARING Mr Maerz moved that the council meeting do now reconvene, the public hearing V*� having been completed - Time 1.30 P M It is to be noted as no motions were forthcoming for second and or third reading of by -law number 1038, this being a by -law to remove the East half f BY -LAW of Block B from the hamlet of Huxley rthe by -law lasped NO 1038 LAPSED It was agreed that the council meet on Tuesday, July 3rd in order to review U C _.-- I the proposed land use by -law SAN Mr Mueller moved that council meet for its next meeting on July 3rd, 1984 CHANGE commencing at 9 00 A M , and the regular meeting of council scheduled for REG MEETING July 10th be cancelled )K DATE TO CARRIED UNANIMOUSLY JULY 3rd, 1984 A request has been received from Century 21 on behalf of S Austgarden to allow creation of a parcel of land less than 4 acres in size - Pt SE 31- 32 -23 -4 and after discussion of this matter, Mr Campbell moved first reading to by -law j number 1042, this being a by -law to allow for creation of a parcel less than 4 acres in size in the SE 31- 32 -23 -4 CARRIED Mr Boake moved that the required public hearing be held at 1.00 P.M , July 24th, 1984 in the M D Office, Three Hills, and the notice of public hearing be advertised in the local paper Mr Rawiusyk left the meeting at this time CARRIED Time 1.45 P M Mrs Wilkinson advised council that a by -law is required in order to proceed with taking of clear title to lots 25 to 31 in Block 4 Swalwell 5050 A K , and Mr Maerz moved first reading to by -law 1043, this being a by -law to take clear title to Lots 25 to 31 in Block 4 Plan Swalwell 5050 A K for the sum i of $2800 00 i! CARRIED Mr Hastie moved second reading to this by -law CARRIED Mr. Code moved that third reading be given to this by -law at this time CARRIED UNANIMOUSLY Mr Mueller moved third reading to this by -law BY -LAW NO 1042 SE 31- 32-23-4 t r� BY -LAW 1043 LOTS 25 to 31 BLK 4 SWALWELL CARRIED CHANGE t A circular has been received from the AAMD & C regarding the possibility of IN SCH school boards changing their fiscal year end to match the school year, rather YEAR than a calendar year and after discussion, Mr Hastie moved this be tabled END until the next meeting of council and comments be obtained from the School Division as to their thoughts on the proposed change \.1e CARRIED G L-01 • COUNCIL MEETING JUNE 26th, 1984 P4 G Mrs Wilkinson read a letter from Alberta Fire Prevention Branch regarding the FIELD possibility of holding field unit seminars during the year April 1st, 1985 UNIT to March 31st, 1986 The department wish to know if the elected officials SEMINARS might be interested in attending these seminars Mr Campbell moved that this matter be tabled until the July 24th meeting ALTA. of Council pending receipt of further information FIRE CARRIED PREV BRANCH Mr Don Popowich and Mr Ted Phipps from Canadian Western Natural Gas, Mr Tom Brown from Alberta Utilities and Communications, James Perman from Carbon, Art Becker and Allen Becker from Acme, and Rick Vickery foreman for the M D entered the meeting at this time There was lengthy discussion with Mr Brown and the representatives from C W N G, concerning the dispute between the M D of Kneehill and C W N G involving the road crossing agreement The entire situation was reviewed and the point of conflicit is with the words "expose" as C W N G cannot agree to expose their lines Mr. Popowich indicated they receive 30 000 requests a year to locate their lines and the cost would be tremendous if they had to supply the manpower to hand expose all of these lines They felt they could agree to lower, locate and or expose any of their high pressure lines, but could not agree to do any more than locate the low pressure lines - lines of less than 100 p s i. There is also a problem with the definition of low pressure lines - the M D feel that low pressure lines would only involve a line givi.ngN ervice to a customer, but C.W N G feel a low pressure line would involve any of their low pressure flow lines as well Mr Brown indicated that the government legislation has recently been amended and the E R C B now has no responsibility for any line which is below 100 P S I and these lines would fall under the Rural Gas Act which will be administered by Utilities and Communications It was noted during the discussions that the M D has likely only requested line locations and or moves from C W N G once or twice in the last few years Mr Popowich indicated that in the cities they insist that the contractor hand expose any of their gas lines and they could not undertake this work for the rural areas without having to do the work in the cities MEETING WITH C W N GAS AND UT & COMM REGARDING ROAD CROSSING A/G Mr Jim Perman indicated he has been waiting for gas service to his new residence near Carbon and he asked Mr Popowich if they would provide him with the service if he signed an agreement assuming responsibility for the costs incurred f location, lowering and or hand exposing his service line should it be required by the M D Mr Popowich indicated he could not answer this question Mr Popowich indicated their problem was the word "expose" and he could not see what problem it was for the M D to hand expose the lines because they would have men and equipment there on the fob anyways Mr Vickery indicated they wished to have the lines exposed (if necessary) prior to commencement of the fob Council indicated that any concession they might give in this matter would be applicable to any utility company or oil company and C.W N G do not have that many lines in this area, but it would be a great expense to the M D to hand expose the lines which have been installed by many other companies in this area They fail to understand why it is such a problem with C W N G. as all the other companies such as Mobil Oil, Gulf Oil, Dome Petroleum and others and including the gas co -ops have signed the required road crossing agreement After lengthy discussion Mr Brown indicated he would stay involved in the matter and discuss the matter further with C W N G , and see if a solution could be arrived at _' Mr Permann noted that C W N G have refused to even consider a temporary agreement in order that service to prospective customers might be provided It was noted also that C W N G had failed to obtain the required easements from certain land owners before installing their gas lines on private property and this also was a concern Mr Allen Becker indicated no easement was obtained from him prior to installing gas lines on his land The men were thanked for coming and they left the meeting I� n • C� COUNCIL MEETING JUNE 26th, 1984 P.5 Mr Mueller moved that the accounts listed for payment today be approved APPROVAL ACCOUNTS subject to further review by the Finance Committee of Richard A Maerz and Bruce Hastie CARRIED Mr Campbell moved approval of the April 24th council minutes V, APPROVAL MINUTES CARRIED APRIL 24/f Mr. Jeffery then reviewed the Shop & Foremen Committee minutes as follows SHOP & Mr Robert Kennedy has been appointed to supervise the fencing crew for FOREMEN 1984 and it may be necessary for him to hire one or two people if MINUTES no spare help is available from the other crews It was recommended that the M D should purchase an optical tape for use in measuring the gravel pits Cost is about $155 00 It would also be useful in measuring borrow pit areas a c Mr Boake moved that the M D purchase an optical tape at a price of J $155 00 CARRIED kb The need for a two speed system on the crane hoist trolley 9 was reviewed and it was noted it would cost about $1400 00 `�� err Mr Code moved that this matter be referred to the Safety Committee (fkA for further investigation at such time as the Safety Committee inspect` \e. the M D shop for compliance with safety regulations CARRIED Mr Rempel has requested permission for the gravel crew to work up to GRAVEL 12 hours a day while hauling 11" crush to the Three Hills east road CREW He noted if the weather stays good it will take at least 5 weeks to complete WORK UP TO this fob There was discussion about whether additional truck should be hired 17 HOURS and Mr Hastie moved that the gravel crew be authorized to work up to 12 hours per day as deemed necessary by the foreman while working on the gravel haul for SR 583 CARRIED It was the intention that the crew shut down when convenient and not work over the 12 hour limit Mr Code moved approval of the Shop & Foremen Committee meeting minutes CARRIED Mr Stan Milan entered the meeting at this time to discuss with council the refusal of his subdivision for a highway commercial property on SE 17- 31 -22 -4 Mr Milan was advised of the situation and noted that council would be looking at a draft by -law at the next meeting of council to provide for redesignation of the land At that time he will be advised of the date set for the required public hearing Mr Milan left the meeting at this time Mr Jeffery reviewed the Road Committee report and various items were discussed It was agreed that the motor grader operator should knock the edges off the old road West of 6- 34 -25 -4 which road was built on private property - and the land never purchased from the land owner The road has since been built back on original road allowance SUBDIVISION SE 17 31 -22 -4 ROAD COMMITTEE REPORT The lagoon on SW 5- 34 -24 -4 was discussed and it was noted it is 105 feet back s from the center of the road No further action was taken 0 e ` The payment of $2250 00 to the Huxley Hutteri.tes for rock picking was discussed °i �G and it was noted that the committee had also recommended giving the Colony 50 n yards of crushed gravel as well After discussion Mr. Hoff moved approval of the payment of $2250 00 to the Colony and the colony be given 50 yards of crushed gravel from the Schmautz Pit, with the colony to pick up the gravel themselves CARRIED Mr Boake moved approval of the Road Committee minutes of June 14th, 1984 CARRIED Mr Jeffery noted that Bumper Development has removed its texas gate from M D road allowance and placed it back on private property After discussion Mr Mueller moved to accept and file as information CARRIED Mr Jeffery noted that there is a road west of 18 and 19 in 28- 21/ -�4 w ch is C' TEXAS ' GATE REMOVED 16 -29 -23 ROAD • • C COUNCIL MEETING JUNE 26th, 1984 P 6 not built on the surveyed road diversion After discussion Mr Code moved this matter be referred to the Road Committee for inspection and report back to council CARRIED CLEANING establishment of DITCH PROGRAM Mr Campbell moved that /the 1984 ditch FOR 1984 p program be tabled until the next meeting f of council i CARRIED DUST CONTROL Mr Jeffery read a letter from Calgon Canada concerning a new dust PRODUCT control pt 8du ct Calgon DCL 1803 After discussion of the letter and noting they had no proof of its effectiveness as a dust control on gravel roads, Mr Campbell moved to accept and file as information CARRIED w� The possible changes to divisional boundaries were again reviewed and DIV BOUNDARY Mr Maerz moved that the M D make strong representation to the Minister CHANGES of Municiapl Affairs that the existing divisional boundaries are representative of the rural population and within acceptable limits for a low populated area, after deletion of the P B I and Ruarkville population, and request the Minister not to make any changes to the existing boundaries CARRIED Mr Jeffery reviewed the exempt property situation in the M D and in EXEMPT particular with regard to the Trochu Rifle Club, and noted that the f PROPERTY Rifle Club cannot be exempt from taxation SITUATION Mr Boake moved to accept and file the report CARRIED Mr Maerz moved to table the balance of the agenda until the next meeting of TABLE BAL Council AGENDA CARRIED Mr Maerz noted that the Service Board had inspected the site for the Three Hills pesticide container site and it was suggested that the site should be left in its existing location After discussion it was noted this would be a permanent structure and must be located 125 feet from the center of the road It was agreed this matter be discussed at the next meeting with Mr Soder Mr Maerz moved this meeting do now adjourn Time 5.05 P M CARRIED SET BACK FOR PESTICIDE CONT SITE icipal Administrator ADJOURN r� LJ E :7 COURT OF REVISION JUNE 26th, 1984 The 1984 Court of Revision concerning business tax in the Municipal District of Kneehill #48 was held on Tuesday, June 26th, 1984 commencing at 10.00 A M The following members of the Court were present* Bruce Hastie, Richard A Maerz, Robert E Boake, J Finlay Code, and Harold Mueller J C Jeffery, Clerk of the Court Mrs. Jean Wilkinson, Recording Secretary Edward Dunay, Assessor for the M D Susan Friesen, representative from the Three Hills Capital Otto Hoff and Reginald Campbell were present as observers Mr Code moved that Harold Mueller be appointed as Chairman for the Court of Revision but Mr Mueller declined Mr Boake moved that Richard A Maerz be appointed as Chairman CARRIED Mr Norman DeMeers of Huxley entered the meeting at this time to discuss his business tax assessment of $100 00 for his carpenter business Mr Dunay read the letter received from Mr DeMeers and he objected to the tax of $100 00 levied against his business Mr Dunay indicated under the business tax by -law a carpenter business is assessable at $1 00 per square foot of area used for the business Mr DeMeers indicated he had no objection to paying his tax as long as everyone who runs a business is also paying a tax After further discussion with Mr DeMeers it was indicated to him that his tax would be $8 00 and the $100 is his assessment. Mr DeMeers thanked the court and left the meeting Mr Hastie moved that there be no change made in the assessment for the carpenter business operated by Mr DeMeers at Pt SE 16- 34 -25 -4 CARRIED 0 v I Mr Dunay noted that no one would likely be present for the second 145 appeal - that being from Black Gold Oil and Gas Ltd The company 21 formerly operated the sand and gravel operation on Pt NW 6- 39 -23 -4 but as the business is no longer in operation request cancellation Ua�' of the 1984 assessment of $1450 It was noted that the company owe business tax from previous years as well After discussion Mr Mueller moved that the assessment of $1450 00 on the cement plant on Pt NW 6- 29 -23 -4 be cancelled, as the business is no longer in operation CARRIED Mr Boake moved that Court of Revision do now adjourn CARRIED Time 10.25 A M Chairm Recording Secretary