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Home My WebLink About2004-10-26 Council Minutesi 0 COUNCIL AGENDA October 26, 2004 PRESENTATIONS 2:00 P.M. Public Hearing - Dwayne Weisenburger 1. Meeting Called to Order is 2. Adoption of Agenda ...............................................................Page 1 3. Approval of October 12, 2004 Regular Council Meeting minutes and October 12, 2004 Public Hearing minutes .................................Page 2 4. Accounts Payable ..................................................................Page 12 5. Old Business a) Strategic Planning Review Session ...........................................Page 14 Recommendation: That Council select a date and venue for the Fall 2004 Strategic Planning Review Session. 6. New Business a) December 2004 Council Meeting Dates ......................................Page 15 • Recommendation: That Council select December 14, 2004 as the only Council meeting date in December 7. Correspondence Report .............................................................Page 16 Recommendation: That Council receive the Correspondence report. 8. Business Pending & Summary Report ............................................. Page 18 Recommendation: That Council receive the Pending and Business Summary Report 9. Council and Committee Reports 10. Business Arising from Council and Committee Reports 11. In Camera a) Legal Issue: Equity Water Agreement 12. Committee of the Whole a) Community & Cultural Services Summit 13. Adjournment Page 1 KNEEHILL COUNTY COUNCIL MEETING MINUTES October 26, 2004 PRESENT CALL TO ORDER MINUTES OF THE OCTOBER 26, 2004 REGULAR MEETING OF THE COUNCIL OF KNEEHILL COUNTY AT THE KNEEHILL COUNTY OFFICE, 232 MAIN STREET, THREE HILLS, ALBERTA. PRESENT: Division No. 4 Division No. 5 Division No. 1 Division No. 2 Division No. 3 Division No. 6 Division No. 7 Murray Woods, Reeve Vern Crawford, Deputy Reeve Brian Holsworth, Councillor Carol Calhoun, Councillor Jerry Wittstock, Councillor Ken Hoppins, Councillor Ken Knievel, Councillor ADMINISTRATION PRESENT: CAO Gene Kiviaho Recording Secretary Barb Long 1. Reeve Woods in the Chair: Reeve Woods called the meeting to order at 10:40 A.M. 2. Adoption of Agenda: AGENDA Additions to the Agenda: Under New Business • 6(b) Orientation Session - November 3, 2004 • 6(c) Remembrance Day Ceremonies • 6(d) Three Hills School Sponsorship Request • 6(e) Resolution - Contaminated Sites • 6(f) EnCana Texas Gate Request 483/04 Councillor Holsworth moved approval of the agenda, as amended. CARRIED • MINUTES 3.Approval of the October 12, 2004 Council meeting minutes and the October 12, 2004 Public Hearing minutes 484/04 Councillor Crawford moved approval of the October 12, 2004 Regular Council Meeting minutes. CARRIED The following amendments were made to the October 12, 2004 Public Hearing minutes: Page 1- correction to legal land description - NE 12-31-26-W4 - Third paragraph- correct to Country Residential Page 3 - First paragraph - correction to legal land description - SE 18, 31, 25, W4 PUBLIC HEARING Councillor Hoppins moved approval of the amended October 12, MINUTES 2004 Public Hearing minutes. 485/04 CARRIED 4. Accounts Payable CAO KNEEHILL COUNTY COUNCIL MEETING MINUTES October 26, 2004 ACCTS PAYABLE Councillor Wittstock moved approval of the accounts, as amended, 486/04 subject to review by the Finance Committee. CARRIED OLD BUSINESS 5. Old Business STRAT PLNG a) Strategic Planning Review Session (report attached SESSION and forming part of the minutes) 487/04 Councillor Calhoun moved that Council select Monday, November 22, 2004, from 8:30 A.M. until 3:00 P.M., at St. Anne's Ranch, for the Strategic Planning Review session. CARRIED NEW BUS 6. New Business C.M. DATE a) December 2004 Council Meeting Date (report attached and forming part of the minutes) 488/04 Councillor Knievel moved that Council select December 14, 2004, as the only Council Meeting date in December. CARRIED REMEMBRANCE b) Remembrance Day 2004 DAY Councillor Holsworth moved that Kneehill County continue with 489/04 the tradition of wreath laying by Kneehill County Council, at the Remembrance Day ceremonies within the County. CARRIED ORIENTATION (c) Council Orientation Session - G. Cuff - November 3, 2004 SESSION Administration was directed to register all of Council and the CAO, for the Council Orientation Session being hosted by the Village of Carbon. d) Three Hills School SDonsorshin Reauest 3 HILLS SCHOOL Councillor Calhoun moved that Council approve the purchase of a PROVINCIAL full page ad in the programs being published for the ASAA 2004 TOURNMNTS 2A Girls Provincial Championship and the ASAA 2004 2A Boys 490/04 Provincial Championship tournaments, for a total cost of $150.00. CARRIED RESOLUTION e) Resolution - Contaminated Sites CONTAMINATED Councillor Hoppins moved that Council accept this resolution in SITES principle, with Administration to refine, provide detailed background information, and submit for Council approval, prior to 491/04 presentation at the AAMD&C Spring 2005 Convention. CARRIED f) EnCana Corporation Application to Install Texas Gates on ENCANA REQUEST County Road Allowance (report attached and forming part of TEXAS GATES the minutes) Councillor Crawford moved that Kneehill County decline the 492/04 request from EnCana Corporation to install texas gates on the undeveloped County road allowance (Range Road 25-0). CARRIED Note: Reeve Woods requested existing Polic #13-29, Texas Gates, be reviewed. 2 Reeve CAO KNEEHILL COUNTY COUNCIL MEETING MINUTES October 26, 2004 CORR REPORT 7. Correspondence Report (attached and forming Hart of the of minutes 493/04 a) Oct 20/04 - Central Alberta Child & Family Services Authority invitation to attend November 15, 2004 luncheon - directed to send regrets as Council unable to attend due to AAMD&C Convention. b) Acme Wellness Centre Open House - Councillor Crawford will attend on behalf of Kneehill County c) AAMD&C Convention - registration information provided Councillor Wittstock moved that Council receive the 494/04 Correspondence report. CARRIED 8. Business Pending & Summary Report (attached and forming part of the minutes) DAMS ON COULEE Concern was expressed regarding the dams being built across the LINDEN EAST RD natural water course area by the landowner adjacent to the Linden East Road ( S.E./ S.W. 26-30-24-W4). is 495/04 Councillor Crawford moved this concern be referred to Administration for investigation and a report to Council. CARRIED BUS REPORT Councillor Knievel moved that Council receive the Pending and 496/04 Business Summary Report. CARRIED The meeting recessed from 11:35 A.M. until 12:55 P.M. • COUNCIL REPTS 9. Council and Committee Reports ASB REPORT A ricultural Service Board - verbal report by Councillor Calhoun • Russ Evans hired as Assistant Agricultural Fieldman • Ground Water Assessment completed & Stantec Consulting will be making presentation to Council, ASB, and KWAC, with the date tentatively set for the afternoon of December 9, 2004 • Next meeting December 9, 2004 at 8:30 a.m. • Joining with Mountain View to present a resolution on continued use and distribution of 2 % strychnine for ground squirrel control being presented at the ASB Regional meeting • Will be requesting Council to approve the transfer of the 2004 budgeted amount for grasshopper control to reserves for grasshopper control in 2005 KRWSC REPORT Kneehill Regional Water Services Commission- written report by Councillor Crawford. • Update on Carbon cemetery expansion (? h mti S'I !l o? • Compensation to landowners - plan to send cheques in January or February for the first portion of the project. `'10 Ucti D ' Contract states KRWSC has a 2 year period to provide compensation amounts. • Water will be flowing March or April 2001 KNEEHILL COUNTY COUNCIL MEETING MINUTES October 26, 2004 CAAMD&C Zone Fall Meeting - October 22, 2004 at Evergreen Hall Clearwater County - verbal report by Reeve Woods 497/04 Councillor Knievel moved that Council receive the Council and Committee reports, as presented. CARRIED DIRECTOR 10. Business Arising from Council and Committee Reports CAAMD&C Councillor Holsworth moved that Council support and endorse 498/04 Councillor Hoppins pursuing the position of Director with the Central Alberta Association of Municipal Districts and Counties. CARRIED UNANIMOUSLY H2O RESERVOIRS Councillor Wittstock requested Administration investigate the options and possibilities of Kneehill County partnering with 499/04 the urban centres for the building and use of water reservoirs. CARRIED 500/04 Councillor Calhoun moved that Council go into Committee of the Whole. CARRIED Time: 1:26 P.M. 11. Committee of the Whole - Community & Cultural Services Summit - November 10/04 1:00 P.M. to 4:00 P.M. at Trochu Hall Vision/Strategv of the Community & Cultural Services Summit • Facilitator - suggestions made and Administration to select someone appropriate who would be available • Reeve to Chair meeting • CAO's invited to participate • Next meeting date to be set later, suggested possibility of a Saturday to ensure maximum attendance • First meeting, focus on principles, concepts, the importance of relationships - sense of community developed through partnering between rural/urban jurisdictions. • Expected goals & objectives of first meeting 1) participation & input by all communities • 2) complete list of concerns/issues 3) process to deal with the concerns - commitment for needs assessment 4) no funding of facilities & operations discussed at this meeting • Long term - needs assessment completed, report to participants at same time, and identify the next steps 1) Two organizations - one to do needs assessment, another to look at the funding formulas. 2) Issues/concerns separated on time lines (urgent, immediate, long term etc.) 501/04 Councillor Calhoun moved the meeting back in session. CARRIED Time: 2:00 P.M. Jeremy Fenton, County Planner & Mr. Dwayne Weisenburger entered the meeting at 2:00 P.M. 4 Reeve CAO KNEEHILL COUNTY COUNCIL MEETING MINUTES October 26, 2004 Public Hearing - Redesignation of 33 Acres SW 12-32-26-W4 from Agricultural Conservation to Agricultural PUBLIC HEARING Councillor Calhoun moved the meeting recess in order to hear 502/04 the public hearing scheduled for 2:00 P.M. CARRIED BYLAW #1500 Councillor Crawford moved first reading to Bylaw #1500, this being a bylaw to redesignate approximately 33 acres of the South 504/04 West of Section 12, Township 32, Range 26, West of the Fourth Meridian (S.W. 12-32-26-W4) from Agricultural Conservation (AC) District to Agricultural (A) District. Councillor Holsworth moved Council reconvene, the Public 503/04 Hearing portion of the meeting being completed. CARRIED Time: 2:20 P.M. CARRIED C: • 505/04 Councillor Wittstock moved second reading to this bylaw. CARRIED Time: 2:03 P.M. Councillor Calhoun moved that consideration to have third reading be given to this bylaw at this time. NOT CARRIED UNANIMOUSLY Mr. Weisenburger was advised that Bylaw #1500 would be on the agenda of the November 9, 2004 Council meeting for third reading. Mr. Weisenburger and Mr. Fenton left the meeting at 2:20 P.M. 12. In Camera IN CAMERA Councillor Hoppins moved the meeting go in camera to discuss 506/04 the Equity Water Agreement and a labour issue. Time: 2:25 P.M. 507/04 508/04 CARRIED Mr. Kiviaho and Mrs. Long left the meeting prior to Council discussion of the labour issue. Reeve Woods recorded the balance of the minutes. Councillor Wittstock moved the meeting back in session. CARRIED Time: 3:45 P.M. Councillor Hoppins moved the CAO salary be as per the recommendation. CARRIED 13. Adjournment ADJOURNMENT The meeting adjourned at 3:50 P.M. 5 xz""' /444 Reeve CAO Council Agenda Item # 5(b) To: Gene Kiviaho Reeve Hoppins Council Members From: Barb Long Date: October 20, 2004 Issue: Strategic Planning Review Session Background: In keeping with Council's suggestion to support local facilities, information has been received on the costs of renting St. Anne's Ranch in Trochu and the Rosebud Country Inn at Rosebud (attached for your information). As well, the costs for the Red Deer Lodge would be basically the same as for the June meeting. Mr. Kiviaho will present a draft agenda for your review at a future Council meeting. Possible available dates are Friday, November 5`h and Monday, November 22"d Financial Implications: Dependent upon choice of venue, but would include rental of meeting room, hotel rooms • if needed, meals, and travel expenses to the meeting. Costs for June 2004 Strategic Planning Session were $776.41 plus travel costs. Recommendation: That Council select a date and the venue for the 2004 Strategic Planning Review Session. Barb Long Exec. Asst. 0 Page 11 Council Agenda Item #6(c) To: Gene Kiviaho Reeve Hoppins Members of Council From: Barb Long Date: October 20, 2004 Issue: December Council Meeting Schedule Background: In past years the frequency of Council meetings has been reduced during the month of December due to the Christmas closure from the 24th of December until January 2na Discussion: The Christmas closure this year is from noon on Friday, December 24th until Monday, January 3, 2005. Recommendation That Council establish Tuesday, December 14, 2004 as the only Council Meeting date for December. h&q Barb Long, E ecutive Assistant 0 • Page 12 Council Agenda Item #6(c) To: Gene Kiviaho Reeve Hoppins Members of Council From: Henry Wiens 16 Date: October 25, 2004 Issue: Application from EnCana Corporation to install texas gates on a County road allowance (dirt trail) Background: Applications received in prior years have been approved (see attached Policy #13-29), subject to the passing of a Bylaw and the signing of an agreement with Kneehill County. Discussion: EnCana Corporation has requested permission to install texas gates at the N.W. 25-29-25- W4 and the SE 25-29-25-W4 (Range Road 25-0). Attached is Bylaw #1498, this being a bylaw to authorized the installation of texas gates at the above locations. • Recommendation That Council approve this request and give third reading to Bylaw #1498. 4 ? 41?? Henry Wiens, Bridge Inspector 0 L] Page 13 ".` is •- -.?.asi? i? - V V 1 It i Z • TITLE: TEXAS GATES Policy_x Procedure Category: Transportation Policies Bylaw Guideline No. 13-29 AUTHORITY: Council at 2002 Policy Review Committee DATE: April 25, 2002 REPLACES: DATE: • E Further References: Oct 8/96 This policy was adopted by Council because the new Municipal Government Act does not provide for texas gates as the old Municipal Government Act. 1. Council upon request from a person who is an owner, purchaser or lessee of land, may, by by- law, authorize that person to construct a texas gate across a municipal road allowance at the place and according to the specifications and conditions that may be contained in the bylaw. 2. The requestor of the texas gate shall provide the municipality with a diagram indicating the pro- posed location of the said texas gate. 3. The attached specification sheet, indicating the criteria for the construction of the said texas gate shall form part of this bylaw. 4. The Texas Gate Agreement shall form part of this bylaw. 5. The following are the required MINIMUM specifications to govern the installation of texas gates on any Kneehill County road allowance. 1. A written agreement must be entered into with the Municipality of Kneehill County, whereby the person requesting the installation of the texas gate agrees to accept total responsibility for said texas gate including the maintenance of same. 2. A bylaw must be passed by the Municipality of Kneehill County authorizing the said installation. 3. The texas gate must comply with certain specifications as set out below: a) Width (across the road allowance) Twenty feet (20.0 ft) b) Length Seven feet (7.0 ft) c) Two (2) eight inch (8") support beams must be placed (one at each end of the texas gate-lying across the gate i.e. parallel to the road-see diagram. d) Four (2) four inch by six inch (4"x6") steel beams are required and must be placed across the gate i.e. parallel to the road-see diagram. e) Texas gate must be placed on pre-cast cement footings and must be constructed of steel beams. Wooden ties, such as railway ties, are not permitted. Tor VIEW MIME- ro• v END VIEW ??o- i i - - JIIIIIIIIIIII THE MUNICIPALITY OF KNEEHILL COUNTY IN THE PROVINCE OF ALBERTA BYLAW NO. 1498 THIS BEING A BYLAW TO AUTHORIZE THE INSTALLATION OF A TEXAS GATES ON COUNTY ROAD ALLOWANCES is WHEREAS Part 2, Division 1, General Jurisdiction, Sections 7, 8, 9, 10 and 11 of the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter 26.1, authorizes a Council general jurisdiction to pass bylaws and provides powers under bylaws AND WHEREAS Part 3, Division 2, Roads, Sections 18(l) of the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26.1, states a municipality has the direction, control and management of all roads within the municipality AND WHEREAS EnCana Corporation, of Calgary, Alberta, has requested permission to construct and install texas gates across municipal road allowances at the following described locations: North West Quarter of Section 25, Township 29, Range 25, West of the 4th Meridian (NW 25-29-25-W4) and • South East Quarter of 'Section 25, Township 29, Range 25, West of the 4th Meridian (SE 25-29-25-W4) and the approximate location of the said texas gates are as shown on the sketch attached hereto and forming part of this bylaw. NOW therefore the Council of the municipality of Kneehill County, in council, duly assembled, hereby enacts as follows: 1. This bylaw may be cited as the Kneehill County Texas Gate Bylaw. In this bylaw: a. "Municipality" means the Municipal District of Kneehill County, a municipal corporation in the province of Alberta, and where the context requires, means the area contained within the corporate boundaries of the said municipality. b. "Council" means the Council of Kneehill County. c. "Act" refers to the Municipal Government Act, Revised Statutes of Alberta. 2. Permission to install the said texas gates is granted subject to the following terms and conditions: a. The said EnCana Corporation submit a written application for permission to • install the said texas gates and submit this application with a diagram indicating the location of the texas gates and this documentation will form part of this bylaw. b. The said EnCana Corporation shall enter into an agreement with the municipality and the terms of this agreement will form part of this bylaw. COUNCILLOR moved first reading to this bylaw. bylaw 1374 • COUNCILLOR moved second reading to this, bylaw. • • • COUNCILLOR moved third reading be given to this bylaw at this time. COUNCILLOR moved third reading to this bylaw. DONE AND PASSED IN REGULAR MEETING OF COUNCIL THIS 26th day of October A.D. 2004 ---------------------------- ------------------------------------------ Reeve Chief Administrative Officer bylaw 1374 E TEXAS GATE AGREEMENT • C C: Agreement between the Municipality of Kneehill County Box 400, Three Hills, AB TOM 2A0 (herein referred to as the "municipality" and EnCana Corporation Box 2850 Calgary, AB T 2P 4K9 (herein referred to as the "applicant") The applicant hereby makes application to the municipality for authority to construct a texas gates across the municipal road allowances at the following locations: 1. North West Quarter of Section 25, Township 29, Range 25, West 4th Meridian 2. South East Quarter of Section 25, Township 29, Range 25 West 4th Meridian The parties mutually agree as follows: 1. The texas gates shall be constructed and kept in a reasonable state of repair by the applicant. 2. If the applicant does not keep the said texas gates in repair, the applicant and not the municipality, will be liable for damages sustained by any persons by reason of default. 3. The said texas gates shall be installed and will be manufactured or of an equivalent standard and must meet or exceed minimum specifications as set out by the municipality. Such specifications are attached and form part of this agreement and bylaw. 4. The applicant will install the said texas gates at his own expense and acknowledges that the municipality may remove the said texas gates at any time if the council of the municipality deem removal of the said texas gates necessary for any reason. 5. The ownership of the said texas gates will not change and the said texas gates shall remain the property of the applicant. 6. The applicant has no authority to transfer any rights or privileges in respect to the said texas gates except with the written permission of the municipality. Signed this day of , A.D. 2004 ------------------------------------------ EnCana Corporation Witness Reeve, Kneehill County CAO, Kneehill County bylaw 1374 • Fd.I. C.S. N.E. 25 • i • L.S. 151 LS. 16 CIS I ? ao p NIA C. Of T. 575.8 G1LC? =\? EAST / Fd.l. C.S. GAS TARGET BOUNDARY I {Oaf=?N /y?/?, JI y `.p 1 2 lib 675_ 30.48 RAILWAY PLAN RY 1019 (ABD. IN FIELD) C. of T. 021 211 412 P & A FARMS LTD. BLOCK 1 DESCRIPTIVE PLAN 921 1546 _25 _ 29-25-4 1 / - mop c+mo 7( _ _ w / a I / DOE 849.4 2aR 9 I U) --"SEE / WELLS17E3 I % DETAIL 234C4L 0 *nr L.S. 101I_S. 9 E1/4 25 WELL SITE PLAN Scale 1:5 000 I/WE AGREE TO THE LOCATION OF THE WEIISITE / ACCESS ROAD AND HAVE NO OBJECTION TO THE E.U.B. ISSUING A LICENCE FOR SAME. OV AIER(S): DATE: WELL U.T.M. COORDINATES REQUESTED :5 709 652.69 N. C.M. = 111' W. 334 836.40 E. N.A.D. 1927 PLACED : 5 709 570.10 N. C.M. = 111. W. 334 648.29 E. N.A.D. 1927 DIFFERENCE : -82.59 N. C.M. = 111° W. -188.11 E. S NAD.1927 WELL MOVED DUE TO TARGET AREA. PROJECT No. 1WNLDGO1 EGA ALE No. S408996 ECA AFE No. 0431742 PAGE 2 of 3 Rev. Description Job No. Date ECA ECOG SWALWELL 16-25-29-25 2 ADDED PROPOSED 1F/IS GATE LOCATION 0.374-04 2004-10-12 THE CADASTRAL. GROUP INC. FILE. 0374W204 0 w tZ 39d 6Z dhU L s N 3ONVMOT W OVOM 03dO13A30Nn SZ v' 4S •6S£ 03WnSSY N 9Z'99 O OS'9LL O N Z -xx- rx x- I x xx x xxx- Q N SZ :309 6,7 d4U 0. co: a ??-J I Mo Q JJ 0 ca -A, h N I La v.:?n CD ?.j Z cn Q N x ° ° I>. ?uW FQZ V, .5 4 7 < QQ? N c Yu W Q, g E No W ° a N. VET ?' E pU /?a K za YCD CO za BCD W .? mao zg m5 tia ;°i ya X-z" 2? ?g a \ I r Q mA tZ 39Y 6Z dou pv da s i9 6S£?T- IY>S iN SZ 3J?! 6Z dMl !,a ?' 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' S 'if d N C I Q `O W U R' U. oq c Q U c) m 0 ¢? Q p d c y ._ LL F - _ Y ) Q 0 PENDING BUSINESS ITEMS FROM 2002 - October 26, 2004 Mountain View Emergency Service (56-02) - Sept 24/02 - Gene and Mac will meet with Mountain View County to discuss this outstanding item. To be discussed after the municipal election. Mutual Aid Agreement (52-02) - Oct 8/02 - Mountain View and Wheatland County still pending. Water Policy (16-02) Equity Water - The Water Policy is on hold until current developments have been resolved. Water Policy: A policy to encompass the costs of lowering any water lines will be presented to Council in Fall 2004. Draft to be presented at Strategic Planning Fall Session. PENDING BUSINESS ITEMS FROM 2003 - October 26, 2004 Fire Agreements (73-03) A tentative Fire Agreement was reached with Three Hills in December 2003. Gene and Mac met with Acme and Linden on May 19, 2004 to review the Fire Agreements. The Agreements will be presented to their respective Councils the week of May 24th. June 22/04 Council Meeting - to be discussed in camera. Sept/04 Agreements still under review. Trochu Fire Hall Station Addition Proposal (81-03) July 20/04 Council meeting motion # 359/04 that $120,000.00 be allotted for the facility, net GST ($100,000 County, $10,000 Lottery, $10,000 Sweat equity). On Aug 18th C.M. agenda reconfirmed this motion. Admin to meet with FMC, Town of Trochu re possibility of reducing size and still meeting future needs or postponing. Sept 04 Letters from Acme and Carbon in support of Trochu Fire Hall Expansion - Training Facility. Sept 28/04 C.M. approval to proceed to maximum of $155,146.00 plus GST. FILE BSE (94-03) - July 22/03 Bruce Sommerville, Jeremy Fenton, developing contingency plans for the County. Sept 04 Draft for Strategic Planning Review Session in fall Donation Policy (126-03) - Sept 9/03 Council requested policy be drafted addressing funding for youth educational programs. To be discussed at the June 17th Strategic Planning Session. To be discussed at Strategic Planning Session in the Fall 2004 IS 0 Recycling Policy (136-03) Sept 23/03 Discussed at March 23d Committee of the Whole meeting. Councillor Holsworth presented terms of reference of a Waste & Recycling Study to Regional Partnership Initiative Committee for consideration. Committee has taken no further action. Sept 04 Waste & Recycling to be discussed at Strategic Planning Session & possibly at Community & Cultural Summit. is Equity Line - Water Agreement K.C/Three Hills (150-03) See Item #16-02 • C7 17 u