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Home My WebLink About1995-07-04 Council MinutesAGENDA COUNCIL MEETING JULY 4th, 1995 1 Approval of Agenda 2 Approval of Minutes June 27th, 1995 3 J C Jeffery Report APPOINTMENTS: 11.00 A M. Public Hearing - see item #21 GENERAL ITEMS 4 MGA Review 5 1995 Kneehill Foundation requisition 6 Municipal Development Plan - need to set up public hearing date, possible open house 7 Sale of John Deere cultivator 8 M J Blair Corporation - Weich Shop deposit. 9 Kangas Ablett letter re. charitable donation status of Canadian municipalities 10 City of Drumheller Fire Protection Agreement. 11 Public Health Act Recreation Area Regulation. 12 June 7/95 Kneehill Community Resource Board minutes 13. M D of Kneehill radio system assessment 14 Offer for Wimborne lots 15 Municipal Safety Codes Service Commission 16 Equity Water project 17. 1993 -94 Annual S T.A.R S Report 18. AB Municipal Health & Safety Assoc Partnerships Certificate of Recognition. 19 Swalwell Clean Up File 20 Transfer Box damages PUBLIC HEARING 21 Neil Hempel Redesignation - N E 5- 29 -26 -W4 0 H COUNCIL MEETING JULY 4th, 1995 A regular meeting of council was held in the M.D. of Kneehill Office, 232 Main Street, Three Hills, Alberta on Tuesday, July 4th, 1995, commencing at 8 30 A M The following were present for the meeting Reeve Richard A Marz Councillors Marylea Lowen Otto Hoff Robert E Boake James Hanger Richard M Vickery Glen Wagstaff Division Four Division One Division Two Division Three Division Five Division Six Division Seven John C Jeffery, Municipal Administrator Jennifer Deak, Assistant Administrator was present and recorded the minutes Reeve Marz called the meeting to order at 8 40 A M Requests were made to add the following items to the agenda 3a. Budget Comparison Report 20a Guzoo Road 20b Letter from towns and villages and Water Committee Mr Vickery moved approval of the agenda with addition of the above noted items CARRIED It was noted there is a correction required in the June 27th, 1995 minutes - page 3 - Muchka project - request and motion should refer to extending the project to the west, not the east. Mr Wagstaff moved approval of the June 27th, 1995 minutes with the above noted amendment. CARRIED 'll 1 ► 1 'r� 1' APPROVAL OF AGENDA II JUNE 27/95 CORRECTION JN TO MINUTES APPROVAL OF Mr Jeffery's report was presented It was noted the price quote for M D pins received from Trochu Jewellery was MD PIN ORM considerable higher than the quote from Elfrieda Enterprises Rw Mr. Vickery moved approval of Mr Jeffery's report CARRIED The June 30/95 Budget Comparison Report was reviewed Mr Boake moved approval of this report CARRIED The following sections of the Municipal Government Act and Bill 32 were reviewed and discussed Sec 153 - 156 incl - Councillors 1 H Duties, titles and oaths of APPROVAL M.G.A REVIEW 1� 0 COUNCIL MEETING JULY 4th, 1995 Mr. Vickery moved a policy be drafted whereby the Chief POLICY TO REFER Elected Officer and the Assistant Chief Elected Officer be CEO AS REEVE referred to as the Reeve and Deputy Reeve CARRIED Sec 174 - Disqualification of Councillors It was noted under 174(f) a Councillor must vote on matters at a council meeting unless there is a compelling reason to abstain This abstention should be recorded in the minutes Sec 182 - 186 incl - Voting WA REVIEW It was noted , under 184, when a public hearing on a proposed bylaw or resolution is held a councillor must abstain from voting if the councillor was absent from part of the public hearing Sec 192 - 200 - Meetings Sec 201 - 215 - Municipal Organization and Administration It was noted an addition clause 206(6) has been included in Bill 32 and section 211 has been replaced in Bill 32 Section 250 addressing authorized investments was also reviewed with this section of the Act It was noted under Sec. 205 council must establish, by bylaw, a position of Chief Administrative Officer A short recess was held from 10.00 A M until 10 15 A M Mr Marz reported Mr Murray from Three Hills Arts Academy had written him a follow up letter to his original request for the M.D. to issue tax deductible receipts to the Arts Academy for donations received for renovations to their building, located within the town of Three Hills. Mr Murray had enclosures, from Revenue Canada with his letter, indicating a municipality can issue charitable receipts. A response has been sent to Mr. Murray indicating certain criteria must be met before a municipality can issue these receipts. One such criteria is that the municipality must have control over the expenditures of a project that it receives donations for Since the M D has no control over the expenditures of the Three Hills Arts Academy, it cannot issue charitable donation receipts to the organization Mr Jeffery also reported Kangas Ablett, Chartered Accountants, had forwarded a letter clarifying the M D 's position, as per Revenue Canada regulations and interpretations, regarding issuance of charitable donation receipts and the possible uses of same. Mr Marz moved to accept and file this information CARRIED The review of the Municipal Government Act continued. Under Sec 213 it was noted that the minutes of a committee that council has delegated a power, duty or function to, must have the minutes recorded and signed by the Chairman and a designated officer This would apply to the Municipal Planning Commission and Agricultural Service Board It was agreed a Chairperson should be appointed at these meetings and sign the minutes Under Sec 215, Mr. Vickery questioned if an employment contract should be signed by each employee It was agreed it was very important to document employee reprimands in the employee's personnel file 2 THREE HILLS ART ACADEMY REQUEST MGA REVIEW H L� U COUNCIL MEETING JULY 4th, 1995 Mr Marz noted that the 1996 Federation of Canadian Municipalities Convention would be held in Calgary It was agreed it would be an opportune time to join this organization and attend the 1996 convention to assess the merits and advantages of membership It was agreed to put this item on the 1995 organizational meeting agenda Section 248 - expenditure of money Section 249 - civil liability of councillors Mr Jeffery reviewed two model bylaws for appointing a Chief Administrative Officer, one prepared by Brownlee Fryett and the other adopted by the M D of Rocky View Mr Boake moved to adopt the M D of Rocky View bylaw model for appointment of the Chief Administrative Officer and a bylaw be drafted for approval by the Executive Committee before presentation to Council CARRIED Mr Jeffery reported the Kneehill Foundation had requested their requisition It was agreed it was not council's intention to withhold requisitions and that these monies should be paid as they became due. It was also agreed the joint services discussions and negotiations were for the 1996 joint services, not the 1995 It was noted that no 1995 recreation bylaw had been approved for recreation grants Pfa�,a� WA REVIEW CAD BYLAW LQNEEIILL FDTN REQUEST FOR REQUISITIOI Mr. Vickery moved all 1995 requisitions be paid as they PAYMENT OF 1995 E become due REQUISITIONS !. CARRIED Mr Jeffery reviewed the M D of Kneehill Municipal Development Plan, which consists of an introduction, NUd DEV PLAN objectives, background study, policies, implementation and s�P.tr- review Mr Vickery moved council recess in order to hold the RECESS TO M-D public hearing scheduled for 11.00 A M PUBLIC HEARING CARRIED Mrs Lowen moved council do now reconvene CARRIED Mr. and Mrs Neil Hempel, Mr Gary Buxton and Mr. Alex Cunningham were all present when council reconvened RECONVENE FR(M PUBLIC FEARING i Mr Vickery moved first reading to Bylaw #1336, this being BYE #1336 the bylaw to redesignate the north east quarter of section REDESIGNATION 5, township 29, range 26, west of the fourth meridian from N E 5- 29 -26-W4 "Agricultural Conservation" to "Agricultural" district CARRIED Mr. Hanger moved second reading to Bylaw #1336 CARRIED Mr Wagstaff moved third reading be given to this bylaw at this time CARRIED UNANIMOUSLY Mr. Boake moved third reading to Bylaw #1336 CARRIED 3 COUNCIL MEETING JULY 4th, 1995 Mr and Mrs Hempel and Mr Buxton left the meeting - time 11 10 A M. Mr Jeffery continued to review the Municipal Development Plan Mr Boake moved an open house be held on Tuesday, July 25th, 1995 to review and discuss the M D of Kneehill Municipal Development Plan and the required advertising be made to hold a public hearing for this plan on Tuesday, July 25th, 1995 at 2.00 P M CARRIED Mr Cunningham reported that Sgt Marcel St Louis of the R C M P. had met with fire chiefs and elected officials from the towns and villages to hold a short training session on the use of the M D radio system Time was spent explaining how the radio system works and reviewing trouble areas and concerns It was also noted the R C M.P use cellular telephones in their vehicles and rely upon these devices in areas where there is poor radio reception A discussion followed on a central dispatch system and the use of 9 -1 -1 Mr Cunningham noted the 9 -1 -1 system is merely a phone number to access fire, ambulance or police and in most areas is not combined with a central dispatch system Mr Gary Buxton re- entered the meeting - time 11.15 A M Mr Boake noted the ambulance uses a central dispatch services and it would be a good idea to have all emergency services on this system Mr Cunningham reported the next fire meeting had been scheduled for November 29/95 at Linden. Mr Hanger moved to accept and file this report CARRIED Mr. Jeffery reported he had met with Mr Wayne Seward, TECL Inspection Service, regarding Safety Codes Inspections According to the Safety Codes Act, section 12(1), there is a liability exemption for "accredited municipalities " This liability issue has been presented differently by the Municipal Safety Codes Service Commission and representatives from AB Labour Legal opinion is currently been sought on this issue. Mr Hanger moved to table this issue until further information and legal opinion is received CARRIED Mr Buxton left the meeting - time 11.25 A.M A meeting date of Monday, July 17th, 1995 was scheduled for the Water Committee to meet with the interest group from east of Three Hills to further discuss the water needs and requirements. A time for the meeting was set for 7.00 P M at the M D of Kneehill offices. Mr. Jeffery reviewed the total costs to June 28/95 for the Equity water project. To date, the project is on budget with nine miles of water line completed since November 1994 and a further 6 75 miles to be done, there are nineteen water hook ups with a further sixteen hook ups to be made 4 PUBLIC "FARING KJN DEV PLAN A&)02:7' S60 c/A RADIO ASSESSMI f REPORT SAFETY CODES INSPECTION REPORT WATER CORM MEETTING DATE SET EQUITY WATER L 11 11 COUNCIL MEETING JULY 4th, 1995 Mr. Vickery moved to accept and file the June 28/95 Equity Water project report CARRIED Mr Jeffery reported no legal update had yet been received on the Swalwell clean up file To date, a process server was seeking Mr Barnie Court to serve him with the Clean Up Notice Mr Scott was awaiting a response from Mr Rowe's lawyer regarding the engineering reports and request for guarantee Mr Wagstaff moved to accept and file this report CARRIED Mr. Cunningham reported on the damages incurred when thirty damaged and burnt paint cans were deposited into the Three Hills transfer boxes There was some paint damage to the trailer which resulted in gumming up the walking floor and paint dripping onto the tractor Damage to the transfer boxes had not yet been determined Drumheller Solid Waste was currently looking into implementing a bulk paint exchange and disposal It was also reported pesticides and lumber were being deposited into the transfer boxes at some of the unmanned sites in the area. It was agreed further investigation was required into this matter and that the transfer site attendant should be contacted for further information Mr. Hanger moved to table this matter until the next council meeting CARRIED Mr Hanger reported Mr Ian Ki.lgour was no longer interested in purchasing the John Deere cultivator Mr. Hoff moved the John Deere cultivator be included with the A.S B equipment for consignment sale with Guard s, Trochu and that this consignment be until the end of September 1995 and any equipment not sold by this date be returned to the M D for disposal by auction CARRIED Mr. Jeffery reported Mr Jim Blair, M J Blair Corporation, former renter of the Weich shop, vacated the premises on or about April 2 or 3/95 Mr McCook had reported the building was left very clean and in good shape Mr Blair is now requesting his rent deposit, in the amount of $1,000 00, to be refunded, less outstanding utility bills Mr Hanger moved the rent deposit, less expenses, of M.J Blair Corporation be refunded to Mr Jim Blair. CARRIED The meeting recessed for lunch from 11 40 A M. until 1 00 P M Mr. Lonnie McCook, Public Works Superintendent, was present when the meeting reconvened APPROVAL OF EQUITY WATER PROJECT RE"T SWALW al CLEAN UP FILE UPDATE X1.6 jC ZJ' M'A4" J D CULTIVATOR SALE J D CULTIVATOR TO CONSIGNMENT SALE &C. Asb WEICH SHOP RENT REFUND MI BIAIR i i N"11 RFCF-,:;; Mr Jeffery reported the AB Municipal Health and Safety Association had forwarded a Partnerships Certificate of ABA HEALTH& Recognition This certificate is in recognition of the yA-MASSOC M D 's participation in the Partners in Injury Reduction 5 LJ • COUNCIL MEETING JULY 4th, 1995 program A W C B refund of $2,620 99 has been received for injury reductions and claims management through this program. Mr Hanger moved to accept and file this information and that this certificate be framed and displayed in the Public Works Superintendent's office CARRIED Mr Marz reported Ms Marla Krusky had been involved in an accident on the Guzoo Road She was travelling north on this road, reportedly hit the windrow and rolled her car to the west side of the road It was noted this road is under construction, has signage indicating the construction and also a posted speed limit of 25 kph Mr. Wagstaff moved to accept and file this report CARRIED Mr McCook reported he had inspected the Torrington Pit and there would not be sufficient gravel available on the floor of the pit for the SH 583 project without pumping. It was noted 45,000 yards of gravel was required by the contractor The M D would be paying for 25% of the gravel costs The M D could have an option in this contract stating the contractor has to deal with a local gravel source and listing all the local sources available Mr Hanger moved item 20c, Marz gravel, be added to the agenda CARRIED Mr. Marz moved he be excluded from discussion on this matter as he had a personal interest CARRIED Mr Marz left the meeting - time 1.20 P M A lengthy discussion followed the current gravel agreement and possible changes to same, royalty prices, gravel quality and gravel testing Mr. Vickery moved a new agreement be made for gravel testing only and that $75 00 per hour be charged to the landowner for use of the M D equipment to undertake gravel testing and further that the M D have the first option to negotiate or match the gravel price for any gravel excavated at a gravel test location Also, the M D not be responsible for any crop damage compensation resulting from the gravel testing. CARRIED Mr. Marz was requested to enter the meeting to answer questions and discuss the possible gravel source on his lands - time 1.40 P M Mr Marz noted he was not interested in a long term gravel lease but preferred selling a set yardage of gravel and having a set area defined for the gravel operations He expressed concerns about leaving the land vacant between gravel crushing and excavations He requested compensation the same as a stock pile site because the land required for the gravel project could not be used nor enjoyed by the landowner Surface rights were discussed. Mr Marz 6 AB MUN HEALTH & SAFETY ASSOC CERTIFICATE �G T M,940 o A4S ` SC MI '` r'' 19 1' 1 ADDITION TO AMW ' �' N ►I1 aWu I 1 110-INN-13 1 1 N► 1 R MARZ REQUESTED W INTO MEETING POSSIBLE SOURCE WV 9: - R MARZ C COUNCIL MEETING JULY 4th, 1995 requested the land be reclaimed within one year from last gravel excavation activity Mr Vickery expressed concerns about paying surface rights and requested information on this issue and land use rights be obtained from other areas. It was agreed environmental regulations are more stringently controlling reclamation issues and future pit reclamations should be undertaken in a more timely manner A lengthy discussion followed on the reclamation requirements, royalty prices and crop compensation. Mr Marz noted the land where the possible gravel source is located is currently being rented out and has a wheat crop on it It was noted the motion was for an agreement to test for gravel only and provided for negotiation should a gravel source be found A short recess was held from 2 30 P M. - 2 50 P M Mr Marz was not present when the meeting reconvened Mr Jeffery reviewed the Drumheller Fire Agreement, focussing on specific clauses of the agreement It was noted clause 5(a)(ii) referred to the net cost of Fire Fighting and Preventative Services Mr. Marz re- entered the meeting - time 2.55 P M Mr Boake moved approval, in principle, of the Drumheller Fire Agreement, subject to clarification of "Preventative Services" in clause 5(a)(ii) CARRIED Mr Jeffery requested direction regarding the option of providing a gravel source for the SH 583 contract Mr Wagstaff moved project without a find his own gravel approval be given to tender the SH 583 gravel option and have the contractor source CARRIED Mr Jeffery read a letter from the village of Linden requesting the M.D workforce undertake the chip sealing of various streets within the village when the crew is in the area It was noted this work would be undertaken in conjunction with the Linden Home Road project Mr Hanger moved to accept and file this letter CARRIED The road committee of Otto Hoff and Rick Vickery agreed upon a meeting date of Friday, July 7/95 at 8.30 A M Mr Jeffery reported under the Public Health Act, potable water shall be provided in a quantity and manner sufficient to adequately operate and maintain a recreation area, defined as a campground or recreation camp Also, this water supply shall be sampled, on a weekly bas e accordance to the regulations of the local health boa Mr. McCook left the meeting - time 3.10 P M It was noted Braconnier park does not have a water w shall require potable water. Previously, the prc government administered the park and had water haul the park and stored in an underground tank, accessi pump to the public. 7 G »� ,e,¢E,�.aJOn1G Mow, POSSIBLE SOURCE OF GRAVEL - R MARZ RECESS DWELLER FIRE A/G Dom» %g h+e S�a.y+rveEs SH 583 CONTRACT RE GRAVEL OPTION V OF LINDEN REQUEST TO HAVE M D UNDERTAKE CHIP SEALING PROJECT LcJ`1�or J0,VJ I 7o L, wa1 ce, Gon3yE /i7vL` '1,1 1 1' PUBLIC HEALTH REG RE POTABLE WATER IN rjvApOn NT-1 COUNCIL MEETING JULY 4th, 1995 Mr Vickery moved a letter be sent to the Environmental REQUEST FOR Health Services, with a copy to Carol Haley, MLA, POTABLE WATER requesting a temporary exemption from the recreation area EXEMPTION FOR regulations regarding water supply as the M D is currently BRACONNIER PARK looking into a future water line for this area former Dube property) t�7�4e TABLED CARRIED this matter until the next ca. e,4e 9446;y Mr Jeffery reviewed the June 7/95 Kneehill Community Resource Board minutes It was noted the school funding KCRB MINUTES allocation issue, under budget "A" had already been addressed Mr Marz moved approval of the June 7/95 Kneehill Community Resource Board's minutes CARRIED Mr. Hoff noted, due to a prior engagement, he would be KCRB MEETING unable to attend the July 20/95 Kneehill Community Resource Board meeting Mr Vickery agreed to attend this meeting on behalf of Mr Hoff Mr Jeffery reported no legal response had been received �� PURgiASE ER RE regarding the offer to purchase the Wimborne lots (the OF SLOTS former Dube property) TABLED Mrs Lowen moved to table this matter until the next meeting and that a letter advising same be forwarded to the interested party CARRIED Mr. Jeffery reported the 1993 -94 Annual S.T A R S report had been received and was available for perusal. 1993 -94 ANIK S T A R.S REPORT Mrs Lowen moved to accept this report. CARRIED Mr Jeffery reported a letter of support regarding the distribution of school contributions towards the Kneehill LETTER OF SUPPORT Community Resource Board program had been received from the RE KCRB SCHOOL village of Linden FUNDING f � Mr Boake moved to accept and file CARRIED Mr Jeffery also reported a letter concurring the M D. 's LETTER FROM UNDO comments and contents regarding the Linden joint service MEETING SERVICE meeting had been received from the village of Linden Mr Wagstaff moved to accept and file CARRIED Mr Jeffery read a letter, from the town of Three Hills, requesting support for the re opening of the Three Hills Court House Several facts and concerns have been raised as a result of the court closure. Among the concerns are the additional costs incurred, time lost and minimum staff left in Three Hills when officers travel to the Drumheller court This has resulted in a lower level of services and increased costs for our area The province is still paying to have the current court house in Three Hills maintained. The Three Hills court house closure will be reviewed by the province in October 1995. 0 i ■ >i 1 try: 0 • COUNCIL MEETING JULY 4th, 1995 Mr Hoff moved to strongly support the town of Three Hills proposal to have the Three Hills court house re opened. CARRIED It was agreed to have Messrs Marz and Vickery edit the June 27/95 minutes for publication in the newspaper Mr Marz requested a key to the Welsh shop building so that he could store the his vehicles that would be used by the councillors in the July 15/95 Three Hills parade Mr Marz also requested the panels the M D would be lending to the rodeo remain at the rodeo grounds until needed by the M D. Mr. Hanger moved the M D s corral fencing panels the Three Hills rodeo would be using be left at the rodeo site until required by the M D CARRIED Mr Hanger moved the meeting do now adjourn CARRIED Time 3:30 P.M. Reeve 9 Munici al Ad 'strator S1-FW TO HAVE MW IMSE RE OPENED LE »d �.n 7 i.4.JE✓.in s MINUTES EDITED MU HILLS P FENCING PANELS LOAN TO RODEO GROl1NDS e Ase ADJUME7VT �W] IL JOHN C. JEFFERY REPORT JUNE 28th, 1995 to JULY 4th, 1995 REPORT. Balance Forward $125 95 1 Received quote from Bob Thompson, Trochu Jewellery for M D pin order His quote is $1 30 per pin. The same pin from Elfrieda Enterprises is $0 73 per pin. Balance forward $125 95 CORRESPONDENCE. 1 June 22/95 Receipt re- ASB Grant - $57,503 00 2 June 27/95 Golden Hills Regional Div. #15 meeting agenda 3 June 13/95 Golden Hills Regional Div #15 minutes 4 Letter from AB Municipal Affairs re- updating information for the Municipal Officials Directory 5. Summer 1995 Big Country Tourist newsletter 6. June 1995 Information Update re Red Deer River Corridor Integrated Management Plan 7 June 1995 AB Recreation & Parks Assoc'n membership information 8 June 20/95 booklet from AB Health re. Aboriginal Health Strategy 9. June 15/95 AB Gazette 10 June 14/95 letter from Health Canada re implementation of child resistant lighter regulations 11 May 12/95 issue of AB Liberal Caucus News 12 Autodesk and Autocad advertising. 13. Seminar advertising - Thinking Outside the Box 14. Seminar advertising - Interpersonal Skills. 15 Environmental Engineering advertising 16 Spring 1995 Hazard Technology newsletter 17 June 20 & 27/95 Highway 21 News 18 June 19/95 Jounal of Commerce newspaper 19 June 21/95 Drumheller Mail newspaper. 20. June 21/95 Capital newspaper HOME OCCUPATION AND DEVELOPMENT PERMITS. 1 2. 3 4 5 6. 7 8 9 10 11 12 1 Gunther Neufeld S W 16- 29 -25 -W4 Feeder barn addition $40,000 00 Jack Lowen S E 21- 29 -21 -W4 House $40,000 00 Denizen Developments Inc. S E 7- 32 -23 -W4 & N W 2 signs $ -- Reimer Industries Ltd Pt S E 9- 32 -26 -W4 gravel excavation $1,000 00 June Kanderka S W 6- 32 -22 -W4 Home occupation - crafts Ben W Schmidt S W 10- 34 -24 -W4 mobile home $16,900 00 Ken Wohl N E 25- 34 -24 -W4 residence (farm help) $20,000 00 Fern L Walker S W 16- 34 -23 -W4 Home occupation - sewing manufacturing Darcy & Brenda Waggoner 29- 31 -23 -W4 2 - 31x4' reflective recreational signs for highway #9 west (9 km from Drumheller) $175 00 Valleyview Colony S W 16- 32 -26 -W4 & N.W. 9- 32 -26 -W4 duck & geese barn and calf barn $65,000 00 Jim & Russ Hanses N.W 11- 30 -24 -W4 machine storage shelter $19,000.00 Jeremey Guynn S E 25- 30 -23 -W4 mobile home $7,500 00 r