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HomeMy WebLinkAbout2005-05-24 Council MinutesMay 24, 2005 Council Meeting Agenda Presentations: 9:00 a.m. EnCana Corporation - Request for Approval of Relaxation of Pipeline Construction 10:00 a.m. Public Hearing - Wind Farm 11:00 a.m. Stantec - Landowner Update; tender package specifications 1) Meeting Called to Order 2) Adoption of Agenda 3) Approval of May 10, 2005 Regular Council Meeting minutes .....................................Page 3 4) Accounts Payable .........................................................................................Page 9 5) Financial Reports - Summary ...........................................................................Page 12 6) Old Business a) Linden North Project Decisions ................................................................Page 17 Recommendation: Verbal Report • b) Approach Policy .............. .Pa 19 ....................................................................ge Policy Recommendation: Verbal Report 7) New Business a) Set date and time for July and August Council meetings ....................................Page 21 Recommendation: July 12, 2005 at 8:30 am, and August 9, 2005 at 8:30 am b) Fuel Tax Funding ..................................................................................Page 22 Recommendation: Council receive report as presented c) Strategic Planning Session - June 21, 2005 Red Deer .......................................Page 23 Recommendation: Draft Agenda presented d) Red Deer River Municipal Users Group .......................................................Page 24 Recommendation: Council approve a S.50/capita requisition if required. e) Land Use Bylaw Amendment Wind Farm .....................................................Page 25 Recommendation: Council give first reading to Bylaw #1509 8) Correspondence Report .....................................................................................Page 28 9) Business Pending & Summary Report ...................................................................Page 30 10) Council and Committee Reports 11) Business Arising from Council and Committee Reports 12) In Camera a) Land b) Legal c) Labour I 13) Adjournment KNEEHILL COUNTY COUNCIL MEETING MINUTES May 24, 2005 MINUTES OF THE MAY 24, 2005 REGULAR MEETING OF THE COUNCIL OF KNEEHILL COUNTY AT Ift THE KNEEHILL COUNTY OFFICE, 232 MAIN STREET, THREE HILLS, ALBERTA. PRESENT: Division No. 4 Murray Woods, Reeve PRESENT Division No. 5 Vern Crawford, Deputy Reeve Division No. 1 Brian Holsworth, Councillor Division No. 2 Carol Calhoun, Councillor Division No. 3 Jerry Wittstock, Councillor Division No. 7 Ken Knievel, Councillor ABSENT Division No. 6 Ken Hoppins, Councillor ADMINISTRATION PRESENT: Finance Director/Acting CAO Lavinia Henderson Director of Operations Rob Mayhew Operations Technician Al Kostrosky ie Transportation Secretary Yvonne Evans EMS Coordinator Greg Harsch Assessor Frank Grills Agricultural Services Director Bruce Sommerville Acting Recording Secretary Laurie Watt Debi Moon from the Three Hills Capital was also present. 1. Reeve Woods in the Chair: CALL TO ORDER Reeve Woods called the meeting to order at 8:38 A.M. 2. Adoption of Agenda: AGENDA Additions to the Agenda: Under New Business - 7(f) Drilling in Environmentally Sensitive Areas Under In Camera - 11(b) Legal Issues (i) Trochu Fire Agreement (ii) Equity Water Meeting Under Committee Reports - Central AB Reeves and Mayors Meeting - Assessment Review Board Training Linden North Project Decisions will move until after Stantec Presentation at 11:00 a.m. 286/05 Councillor Calhoun moved approval of the agenda, as amended. CARRIED MINUTES 3.Approval of the May 10, 2005 Council Meeting Minutes 287/05 Councillor Crawford moved approval of the May 10, 2005 Regular Council Meeting minutes, as presented. CARRIED Page 1 of 5 ri 4. Accounts Payable ACCTS PAYABLE Councillor Knievel moved approval of the accounts presented 288/05 for payment subject to review by the Finance Committee. CARRIED • 5. Financial Reports - Summary Financial Reports are not available this meeting due to computer server not available on Friday. Will be available next Council meeting. OLD BUSINESS 6. Old Business APPROACH b) Approach Policy #13-15-4 POLICY Council requested the changes desired from May 10, 2005 Council Meeting be incorporated into the policy and returned to Council for decision later today. Council recessed for a short break at 8:55 am Council resumed at 9:10 with presentation from EnCana Corporation PRESENTATION EnCana Corporation EnCana is requesting approval of relaxation of pipeline • construction requirement for a proposed pipeline crossing between W/2 19-31-22 W4M and E/2 24-31-23 W4M. The relaxation relates to article 6 of the Kneehill County Road Crossing Agreement for High Pressure Pipeline. The relaxation would allow EnCana to construct and lay three (3) pipelines at a forty-five (45) degree angle to the affected road allowance. 289/05 Councillor Holsworth moved to approve the relaxation at this location as requested by EnCana Corporation. CARRIED Members from EnCana departed at 9:30 a.m. NEW BUSINESS 7. New Business COUNCIL DATES a) Request to Set Date for Summer Council Meetings FOR SUMMER (report attached and forming part of the minutes) Councillor Wittstock moved that the dates Council will 290/05 meet during the summer will be July 19, 2005 and August 16, 2005. CARRIED FUEL TAX b) Fuel Tax Funding FUNDING (report attached and forming part of the minutes) 291/05 Councillor Wittstock moved to receive the report as presented the 2005 Spring Strategic Planning Session. CARRIED STRATEGIC c) Strategic Planning Session - Draft Agenda PLANNING Councillor Crawford moved to accept as presented the draft 292/05 agenda for the Spring Strategic Planning Session to be held June 21, 2005 in Red Deer. CARRIED • Page 2 of 5 C: • • • RED DEER RIVER d) Red Deer River Municipal Users Group MUNICIPAL USERS (report attached and forming part of the minutes) GROUP Councillor Holsworth moved to support the $.50 per capita request 293/05 for funding for the Red Deer River Municipal Users Group and that Council confirm the CAO as the representative. CARRIED LAND USE BYLAW e) Land Use Bylaw Amendment Wind Farm AMENDMENT Defer on the agenda until the conclusion of the public hearing. DRILLING IN (f) Drilling in Environmentally Sensitive Areas ENVIRONMENTALLY Councillor Crawford moved to send a letter to Alberta SENSITIVE AREAS Environment stating our concerns over not being informed of drilling activities in areas we have identified in our MDP as 294/05 environmentally sensitive. Request we be given the opportunity to comment prior to approval. cc: to EUB as well as copy of MDP to both highlighting section on identification of sensitive areas. CARRIED RECESS FOR Public Hearing PUBLIC HEARING Councillor Calhoun moved to recess at 9:47 a.m. for a scheduled 295/05 Public Hearing at 10:00 a.m. for Wind Farm Land Use Bylaw Amendment #1509 CARRIED 296/05 Councillor Holsworth moved to move back into Council at 10:15 a.m. CARRIED LAND USE BYLAW e) Land Use Bylaw Amendment Wind Farm AMENDMENT Councillor Calhoun moved to approve first reading of Bylaw BYLAW #1509 #1509 being a Bylaw to Amend Land Use Bylaw for Wind Farms. 297/05 Councillor Wittstock moved to table first reading of Bylaw #1509 in order to provide an amendment to Section 2(a). CARRIED CORRESPONDENCE 8. Correspondence Report REPORT (attached and forming part of the minutes) 298/05 Councillor Crawford moved that Council receive the Correspondence Report as presented. CARRIED 299/05 Councillor Holsworth moved to approved the FCSS Funding Agreement included in the Correspondence Report CARRIED BUSINESS 9. Business Pending & Summary Report REPORT (attached and forming part of the minutes) 300/05 Councillor Wittstock moved that Council receive the Business Summary Report as presented. CARRIED APPROACH 6(b). Approach Policy 913-15-4 POLICY Councillor Holsworth moved to approve amendments to Approach 301/05 Policy #13-15-4 as presented. Page 3 of 5 CARRIED A COUNCIL REPTS 10. Council and Committee Reports MAYORS/REEVES Central Alberta Mayors/Reeves - verbal report by Reeve Woods ARB TRAINING Assessment Review Board Training - verbal report by Councillor Knievel is 302/05 Councillor Calhoun moved that Council receive the Committee Reports as presented. CARRIED BUSINESS ARISING 11. Business Arising from Council and Committee Reports There was no business arising from Council and the Committee Reports Council recessed for a short break at 10:51 a.m. Council resumed at 11:08 a.m. PRESENTATION Stantec on Linden North Proiect Todd Simenson and Mike Steffler updated Council on various aspects of the project. - Scott Land has contacted 95% of all landowners and will finalize on site meetings with landowners this week. Landowner is also • willing to enter into an agreement with Kneehill County to subdivide a 3 acre parcel of land for reservoir site. - Crossing agreements will start this week and are expected to take 4 to 6 weeks. The historic resources inventory has been completed and identified two sites that will require avoidance. The species at risk survey will be completed in June. - Stantec is working with Alberta Infrastructure and Transportation on relaxations for valve locations and pipe setbacks from highway right-of-way. - Preliminary/detailed design is 90% complete. Project is estimated at 15 to 20% overbudget from 2004 estimate. Will not know for sure until tenders are received. Council recessed at 11:45 a.m. for lunch Council resumed at 1:05 p.m.; Ms. Debie Moon not in attendance PRESENTATION Continuation of Stantec Presentation Mr. Simenson continued with the County's next steps that require • a decision. Stantec will attempt to fit the tender process within the June Council meetings. The County will need to address connection specification and inspections. Next Council meeting will see the finalization of land agreements and approval of tender documents. LINDEN NORTH Councillor Crawford moved to direct administration to PROJECT develop an agreement between Kneehill County and water 303/05 users that would address the requirements for installation and operation of water service from the pipeline to the frost free location. CARRIED 304/05 Councillor Crawford moved that as long as the property is feasible to authorize administration to proceed with the acquisition of the land required for the reservoir site for this project. CARRIED Members from Stantec departed at 2:15 p.m. Page 4 of 5 ?,?????y?-,,,,7 G' ?"?rG? 0 LAND USE BYLAW e) Land Use Bylaw Amendment Wind Farm C7 AMENDMENT Councillor Knievel moved to remove from the table Councillor BYLAW #1509 Calhoun's motion to approve first reading of Bylaw 305/05 #1509 being a Bylaw to Amend Land Use Bylaw for Wind Farms. CARRIED Councillor Calhoun moved to approve first reading of Bylaw 306/05 #1509 as amended being a Bylaw to Amend Land Use Bylaw for Wind Farms. CARRIED 307/05 Councillor Knievel moved to approved second reading of Bylaw #1509. CARRIED Councillor Wittstock moved to have third reading of Bylaw #1509. NOT CARRIED UNANIMOUSLY • 11. In Camera Session 308/05 Councillor Wittstock moved the meeting go in camera to discuss land, legal, and labour issues. CARRIED Remaining for a portion of the in camera session of the meeting was Mrs. Henderson, Mrs. Watt, Mr. Mayhew and Mr. Harsch. Time: 2:20 p.m. • IN SESSION Councillor Calhoun moved the meeting back in session. 309/05 CARRIED Time: 3:59 p.m. Councillor Holsworth departed during the in camera session at 3:06 p.m. ADJOURNMENT 12. Adjournment Councillor Knievel moved the meeting be adjourned at 4:00 pm. CARRIED Page 5 of 5 keevA O To: Reeve and Members of Council From: Administration Date: May 19, 2005 Issue Setting date and time of summer council meetings. Background Over the past several years, Council has chosen to meet only once during the months of July and August. Discussion Staff have no additional information to provide. Recommendation • That Council meet on July 12, 2005 and August 9, 2005. Meeting will begin at regular time of 8:30 a.m. in Council Chambers. e Kiviaho, CAO 0 0 • • 0 To: Reeve and Members of Council From: Administration Date: May 19, 2005 Issue Setting date and time of summer council meetings. Background Council Agenda Item #7(a) Over the past several years, Council has chosen to meet only once during the months of July and August. Discussion Staff have no additional information to provide. Recommendation That Council meet on July 12, 2005 and August 9, 2005. Meeting will begin at regular time of 8:30 a.m. in Council Chambers. %'I';"L G t Kiviaho, CAO TO: Gene Kiviaho Reeve Woods Members of Council From: Lavinia Henderson Date: May 19, 2005 • Issue: New Grant Funding Background: The Federal and Provincial Governments have announced new grant funding for municipalities in their 2005/06 budgets. Agreements between the two governments have been signed and some funds will become available to Kneehill County over the course of the next few months. Discussion: The new funding available is: a) AMIP - Alberta Municipal Infrastructure Program - based on information received at the Municipal Administration Leadership Workshop Information last week: trust agreement will be required as funds will be advanced - expenditures for multi year plan development will be eligible - and adjustment will be made to the 2005 grant based on the 2006 census - no cost`share - can stack - can use for project under way b) New Deal - Gas Tax - Alberta will receive $ 160 mil per year in '05 • and '06, ramps up in next three years, Province has made assurances there will be no funds siphoned off for administration c) MRIF - Municipal Rural Infrastructure Fund (son of ICAP) - available to communities under 250,000 - sharing based on 1/3 feds, 1/3 province, 1/3 municipality Financial Implications: Kneehill is eligible for funding as follows: a) AMIP - $1,010,217 in each of '05, '06 and `07 b) New Deal - $96,308 in each of '05 and '06, estimated $128,467 in '07, $160,626 in '08, $321,252 in `09 c) MRIF - no details found as of yet. Recommendation: That Council passes a motion to receive this information and refer to the 2005 Spring Strategic Planning session. ® _ Lavin Henderso Director, Financial Services 0 Council Agenda Item #7(d) To: Reeve Woods Members of Council From: Gene Kiviaho Date: May 19, 2005 RE: Red Deer River Municipal Users Group Issue Approval to fund the Red Deer River Municipal Users Group (RDRMUG) Background The RDRMUG is a new organization formed to address water supply, use, delivery and quality issues in our area. Council appointed the CAO to attend RDRMUG meetings. As per the attached RDRMUG has adopted a strategy, framework and budget for area needs. The RDRMUG Executive Committee is seeking support for a $0.50 per capita requisition if required. Kneehill's contribution would be $2,654.50. Discussion A draft budget is enclosed for your information and funding would be allocated to: • Engaging a consultant to compile technical information • Intervening at Hearings • Education and communications Council is requested to indicate interest in supporting the requisition and to identify the municipal representative for the group. Recommendation 1. That Council support the $0.50 per capita request for funding for the Red Deer River Municipal Users Group 2. That Council confirm the CAO as the representative V?CL Gene Kiviaho Date E Council Agenda Item #7(e) To: Reeve and Members of Council From: Planning and Development Date: May 24, 2005 Issue • DRAFT for Staff report to Council regarding Wind Farm Land Use Bylaw amendment Background A wind energy company would like to develop a 40-turbine wind farm in Kneehill County. Before a permit may be issued for the proposed development, the County LUB must be amended to allow for wind turbines. As well, any regulations that the County would like to pursue, as they relate to wind turbines, should also be included in the LUB. Discussion • The County recently received a proposal for the development of a wind farm; however, Land Use Bylaw No. 1440 does not specifically address winds farms. Therefore the proposed bylaw would amend Land Use Bylaw No. 1440 to provide for "wind energy conversion systems (WECS)" as a discretionary use in the AC - Agricultural Conservation District, the A - Agricultural District, and the I - Industrial District. In addition, the proposed bylaw includes development standards and processes to be followed in evaluating development permit applications for WECS. The overall intent of the proposed bylaw is to provide for WECS development while minimizing potential negative impacts. 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E V A'i, OO '2 1i •'^. d 7. :. 4'S 'VZS .. ~ V N w OT •A ' cm d c u ? g Oi u, c O, r E < a y o 6:n °Q Y'4a a ?iJ m o?? my a m CL it rnO 0 CD - o i Q !c-ca d GO.- o o co 'S' m y o. rn L u L a E? o ecn.6 o ?u ru a- m u cin a 6 i c e i N s -AU' c A i z N C UL Z'.OOa g -m 3 G) '5 (D G) ?8 7" ' ?C r 5 ?'' C 7 7 O 63 O ° o m Q u= o "3 o c o i m 0 ° ' d 3 wiLa ) i G v o LL 0 LL ?G>cnit_wJm wZ 8LL.-amzz •A N _ f6 06 N d w C Q O y O N dr N y 0 g •? °' m a N CO C I • LL .0 A € c C p? LB a ? I•i 6 •C y ? G j U a 2(D oWU U 206 oUUg pX > tf° o z ? • -) C C' E `6 jj ca p a 2) M E a w$- o ;rr U Sq'o?) Q.)a< CL mUZ o UULL ? (1)0Z03 Q< O O 9 C] PENDING BUSINESS ITEMS FROM 2002 - May 24, 2005 Mountain View Emergency Service (56-02) - Sept 24/02 - Gene and Greg will meet with Mountain View County to discuss this outstanding area service item. Meeting with CAO June/July 2005. • Mutual Aid Agreement (52-02) - Oct 8/02 - Mountain View and Wheatland County still pending. Feb 05 KAS looking into Mountain View agreement, Feb 2/05 Wheatland County looking into agreement. Currently in discussions with Wheatland County. 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 deferred to June Council Meeting. PENDING BUSINESS ITEMS FROM 2003 - May 24, 2005 Fire Agreements (73-03) Fire Agreement with Three Hills, Carbon, Acme and Linden all signed. Greg continuing negotiations with Trochu. is Foreign Animal Disease & Mass Livestock Mortality Disposal (including BSE) (94- 03)-July 22/03 Bruce Sommerville, Jeremy Fenton, developing contingency plans for the County. Greg, Jeremy, & Bruce will prepare a report on plans in case of disease outbreak. Contingency plan in information package May 24. Recommendation to Council June 2005. Recycling Policy (136-03) Sept 23/03 Discussed at March 23 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. Waste & Recycling under discussion by the Community & Cultural Summit. PENDING BUSINESS ITEMS FROM 2004 - May 24, 2005 Bylaw Enforcement Officer (#6-04) - Jan 13/04 Currently on a monthly basis -2005 budget approved to hire as a permanent employee. March 05 advertising for position. Applications short-listed and interviews held week of May 16th. Huxley Property for Sale (#20-04) - Feb 10/04 Tax forfeiture properties were advertised for sale. May 25/04 Council refused only offer as too low. Administration to look at a way of marketing to get the market value for the property. Feb/05 Advertised in the Capital and on website. Report to Council April 12/05. Second offer refused. Kneehill County Water Strategy (#52-04) - May 11/04 Ongoing - Jan 25t C.M. John VanDoesburg presented draft funding package for Council consideration. Issues being addressed (Three Hills Water West) Linden North Water Service Area (#53-04) - May 25/04 Jan 25/04 Council approved proceeding with Phase One of the Linden North Water Service Area. Letters sent to Linden North Phase 1 & 2 residents giving information on the waterline. Items for discussion on-going, presented at upcoming Council meetings. Agreement signing Sunnyslope Hall on March 7th - Stantec updated at March 8th C.M. March 22d some funding decisions made. Funding Bylaws given third readings on April 26, 2005. Council needs to make decision regarding riser fees and connection time lines. Policy being developed to address curbstop connection material specifications and inspections required. Ongoing. Recreation Areas/Parks (#82-04) - Sept 14/04 Long term plan requested. Included in 2005 Draft Budget. Will be further developed and presented to Council using the assigned budget dollars. Approach Policy (#83-04) - Sept 14/04 Concern that current policies do not adequately address issues surrounding the high oilfield activity and address their needs for approaches. Policy will be developed that puts onus back on company to ensure they are built properly and placement of first gravel. New policy will limit approaches within pasture land, allow more approaches if site distances are met, and require contractor to provide a performance bond. Applications will be joint if landowner and applicant differ. (#265-05) Tax Payment Incentives Policy (#84a-04) On July 2005 Council agenda. Community Grants Procedure Change (#85-04) Tabled until after the February 4t grant funding deadline - Requested changes to be presented at June 14th Council Meeting Community & Cultural Services Summit (#86-04) - Oct 12/04 Nov 13t First meeting with Council and CAO's from urban centres and the County. Feb • 1St & 2d follow up meetings with facilitator Gord McIntosh. Working committee of CAO's established, and Steering Committee comprised of Elected Officials. List of 12 possible issues for sharing. Working committee meetings scheduled March 17th and 29th at County Office 9:00 a.m. until 11:00 a.m. Working Committee meeting held April 1 lth in Carbon and May 3`d in Acme. Next meeting scheduled for June 20 at 9:00 am at County Office. Steering Committee and CAO Working Committee will meet June 22 7:00 pm in Linden. Ongoing. Councillor Policies (#89-04) - Oct 26/04 Council approved amendments. Policy book needs to be updated and circulated. Partnering Options of Water Reservoirs (#95-04) - Oct 26/04 Council requested options and possibilities of partnering with urban centres for the building and shared use of water reservoirs. Under review with water strategy. Preparation of a Tax Penalty Bylaw (#182/05, 183/05, 184/05) - Apr 12/05 Council approved administration to prepare a Tax Penalty Bylaw with the minimum tax being increased from $25.00 to $35.00, and outstanding current and arrears taxes are • penalized starting November 1St at a rate of 2% per month, compounded. Third reading of Bylaw #1506 completed. Explanation of changes will be included in tax notices to ratepayers. Consideration to increase the minimum tax to $50.00 in 2006. Kneehill Water Services Commission RFP (#190/05) - April 12/05 Administration has submitted a proposal on a 1 year trial basis, for Operator Services of the KRWSC. Waste Transfer (#191/05) - April 12/05 Administration directed to investigate options for a sorting depot to be located at the Three Hills Waste Transfer Site to be used by KC rural residents. On June 14, 2005 Council Agenda. Kneehill Regional Emergency Management Agency (#244-05) - April 26, 2005 Council moved to endorse the concept of establishing a Kneehill Regional Emergency Management Agency. All municipalities within Kneehill County endorse such an Agency. Next meeting scheduled for June 16, 2005, 10:00 am at County Office. Drumheller Waste Agreement (#258-05) - April 26, 2005 Council moved to approve the Drumheller Waste Agreement. Awaiting agreement for signature. PENDING BUSINESS ITEMS FROM 2005 - May 24, 2005 KRWSC Request to use County Right-of-Way (#264-05) - May 10, 2005 Council approved administration to prepare contract with KRWSC to allow open cut method on Kneehill County ROW's for the three areas as presented adjacent to RR 25-4. • Easement/Encroachment Request 4127EH, Block 1, Lt 10 (#267-05) - May 10. 2005 Council directed administration to pursue lane closure so adjacent landowners may apply to have that portion subdivided and consolidated with their land. Huxley Community Association (#278-05) - May 10, 2005 Request from residents to have Kneehill County investigate the possibility of upgrading Huxley's sewer system. Administration to provide summary of associated costs and potential infrastructure grants available to offset project costs. ATCO Electric Request for Road Widening Agreement (#271/05) - May 10 2005 Council approved administration to proceed with the execution of the Road Widening Agreements for the NE 12-28-21 W4 Plan 9410010, Lot 2 and NW 7-28-20 W4 Plan 9410010, Lot 1. • GIS Proposal (#272-05) - May 10, 2005 Council approved administration to proceed with issuing and GIS Request for Proposal of Phase 1. • • LI C. C: C w ca V 06 (1) ^- A co O C • N N C O O - ?.. E cl 0-0 E U ? ? N V O Z V` 0 0- 0 LO O N j C A lf) O . C 0o aa)) C N ' C a) U' ?.>. a 0 O 3 ,? c I -o a) ` 0 mE o cca a) U :3 CO LL a U ? ? ca to O =U o ri) CU w E 40 _ ?. 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