Page 1 of 8 PRESENT CALL TO ORDER: The meeting was called to Order at 7:30pm by Mayor Sharlene Brown. PUBLIC HEARING: Bylaw 14-01

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1 PRESENT CALL TO ORDER: PUBLIC HEARING: Mayor Sharlene Brown, Deputy Mayor Jim Deacon Councillors Ruth Goodwin, Michel Jackson, Jackie Stickel, Mike Ross and Judy Thomson CAO Joanne Irwin, Legislative Services Manager Verna Staples, Municipal Clerk Karen Coolen, Planning & Development Officer Rod Ross, Economic Development & Events Coordinator David Petrovich, Approximately 42 people were in the gallery. The meeting was called to Order at 7:30pm by Mayor Sharlene Brown. Bylaw Bylaw Land Use Bylaw Amendment to amend the "SC- Service Commercial District" by adding retail store and personal services as permitted uses, and drive-in food service as a discretionary use in the Service Commercial District. Planning and Development Officer Rod Ross presented a Power Point report, as attached. Doug Badke- Applicant- presented a Power Point report, as attached. Mayor Sharlene Brown read two letters in favour of the proposed Bylaw 14-01, as attached. There were no verbal presentations in favour. Mayor Sharlene Brown read two letters opposed to the proposed Bylaw 14-01, as attached. There were 4 verbal oppositions of the proposed Bylaw. Mr. James Lee (resident) stated that Black Diamond is a member of the Calgary Region Airshed Zone (CRAZ) and spoke to health/responsibility concerns - specifically the reduction of greenhouse gases. He further stated that the Municipal Sustainability Plan (MSP) calls for the reduction of motor vehicle idling. He reported that large corporations buy land in small communities to get drive through services established before changes happen. Deborah Leong (business owner) reported that Black Diamond is full of eclectic, artistic people with lots of great services. She stated that there will not be a tax saving if the new business puts an old one out of business. If you want Okotoks' services move to Okotoks. Council's decision will set the face of Black Diamond's future. Black Diamond is unique and is why Tim Hortons wants us. She asked Council if we want to be a small town or do we want to grow with chain stores. Page 1 of 8

2 Evonne Smulders (resident) spoke to the history of the community and wondered if developers get history when they move into a community. She is a 22 year resident of Black Diamond and Main Street was boarded up when she moved here. The Town slowly grew and attracted unique people that wanted a strong caring cultural community. The 2001 Main Street Program revitalized our Main Street over a 5 year period; set guidelines and vision for growth. The long term vision really wanted a community where we know our neighbours, walk downtown, talk to people and attract like-minded people. The Municipal Development Plan (MDP) vision was to create community where people meet, locally owned businesses, and local participation. Ms. Smulders asked Council to consider removing the drive through option for all LUB Districts. Clover Slusar thanked Council for their thoughtful consideration of this bylaw. She worked on the MDP committee and gave up her time and money in order to participate. She stated that those who want Tim Hortons likely wouldn't give that time and care to their community. Anti-idling was an important part of the MDP discussions. Mayor Sharlene Brown stated for clarity that there is not an antiidling bylaw, but a portion of the truck route bylaw speaks to idling. Mayor Sharlene Brown asked if staff had any further comments. Planning and Development Officer Rod Ross reminded Council that they can regulate use of land, not the user. If a user meets the requirements for use, it doesn't matter who the user is. Mayor Sharlene Brown asked the Applicant if he had any further remarks. Doug Badke stated a coffee shop would employ approximately 25 people. There would be taxation benefits, youth would get their first jobs, and that 35% of traffic to a coffee shop like Tim Hortons is vehicle traffic, the remainder is still walking, going to sit down. They've visited businesses in JKR Park and estimate 90% polled were in favour of a Tim Hortons. Tim's is a supporter of minor sports. He noted that there is nothing to be afraid of with a drive through. He hopes Council will approve. Mayor Sharlene Brown closed Public Hearing at 8:18pm. 15 MINUTE QUESTION & ANSWER PERIOD: Mayor Sharlene Brown declared the 15 Minute Question and Answer period open at 8:18pm. James Lee said the Applicant said area businesses were in favour of the application but it's their word and he wondered if Council accepts that. Page 2 of 8

3 AGENDA: MINUTES OF THE REGULAR COUNCIL MEETING OF THE TOWN OF Deborah Leong asked about traffic considerations and the extra emissions. Mayor Sharlene Brown said a Traffic Impact Assessment (TIA) had been completed. Evonne Smulders asked if the TIA was available to Council and Public. Rod Ross explained that the Development Permit Application process will include TIA, Stormwater implications, etc. Ms. Smulders further asked if once the decision is made on the use of land, does a Development Permit application go to Municipal Planning Commission (MPC), Sustainability Committee or another committee? Mayor Sharlene Brown stated that this is a zoning bylaw at this time. Ms. Smulders further asked about the proximity to sewage lagoons and food services. Planning and Development Officer Rod Ross answered that there is a 300 metre setback required, which ends near the back of the JKR office condominium building. Karen Gimbel asked for clarification regarding Bylaw 14-01, are retail, personal services and food service already being permitted? Rod Ross said yes, it was the drive through food services that is the addition. She further suggested that if additional food services were available in different areas of Town we would be splitting the Town. Now people walk downtown and see what they want to eat. Is Council considering keeping all restaurants in the downtown core? Deborah Leong asked if Council was considering the Go Green and Smart Growth initiatives. Clover Slusar asked if Council considered finding a developer to embrace our unique approach to business. Mayor Sharlene Brown said that developers generally come to the Town, not the other way around. James Lee asked about site accessibility. Is the Town prepared to put sidewalks in the area and make the area safer for people walking? Mayor Sharlene Brown said this hasn't been discussed at this point.there is a sidewalk on the south side. Mark Muller asked if this is the last public consultation opportunity. Mayor Sharlene Brown said yes, this is a rezoning request and this is the process. As there were no further questions, Mayor Sharlene Brown closed the 15 Minute Question and Answer period at 8:31pm. Res Moved by Councillor Michel Jackson that Council agree to accept the Agenda as presented. Page 3 of 8

4 ADOPTION OF MINUTES: Res DELEGATIONS: Minutes of the Regular Meeting of Council held January 15, 2014 Moved by Councillor Mike Ross that Council agree to accept the Minutes of the January Regular meeting of Council as presented. Boys & Girls Club of Diamond Valley & District Christine Bates and Jaimie Myles from the Boys & Girls Club of Diamond Valley updated Council on programming. The Club services 300 children at this time including satellite offices in Nanton and Saddlebrook (High River). They received a grant and have a new bus to enhance their programming options. Funding has been increased (Calgary Foundation) to help them with satellite needs. They asked to renew the lease with a longer term. They suggested 5 or 10 years. They have made improvements to the facility; recording studio, new windows, pending lift to accommodate special needs and upcoming kitchen renovations. Mayor Brown said the lease doesn't expire until June 2015 and asked for the Club to approach the Parks & Recreation Board to discuss new lease options. Representatives asked if a partnership could happen to allow the use of the main floor of the Town Office. They would like to create a separate space for teens and add in some office space. Mayor Brown replied that Council needs to have a discussion with Administration before this can be decided. She asked that the Club provide information to Council regarding their space needs and suggested that Council may be able to watch for suitable locations. Administration will respond to the Club regarding their request to use the main floor space. BYLAWS: Bylaw to amend the Land Use Bylaw Councillor Mike Ross requested a recorded vote on all Resolutions pertaining to Bylaw Page 4 of 8

5 Res Moved by Councillor Mike Ross that Council agree to amend Bylaw by deleting Section 2. IN FAVOUR: Mayor Sharlene Brown Councillor Mike Ross Councillor Ruth Goodwin Councillor Michel Jackson AGAINST: Deputy Mayor Jim Deacon Councillor Judy Thomson Councillor Jackie Stickel MOTION CARRIED Res Moved by Councillor Michel Jackson that Council agree to give Bylaw second reading as amended. IN FAVOUR Mayor Sharlene Brown Councillor Mike Ross Councillor Ruth Goodwin Councillor Michel Jackson AGAINST Deputy Mayor Jim Deacon Councillor Judy Thomson Councillor Jackie Stickel MOTION CARRIED Res Moved by Councillor Mike Ross that Council agree to give Bylaw third reading as amended. IN FAVOUR Mayor Sharlene Brown Councillor Mike Ross Councillor Ruth Goodwin Councillor Michel Jackson AGAINST Deputy Mayor Jim Deacon Councillor Judy Thomson Councillor Jackie Stickel MOTION CARRIED Res Res Moved by Mayor Sharlene Brown that Council agree to Recess the meeting at 9:05pm. Moved by Mayor Sharlene Brown that Council agree to Reconvene the meeting at 9:17pm. Bylaw to amend the Land Use Bylaw Res Moved by Councillor Mike Ross that Council agree to give Bylaw first reading and schedule a Public Hearing for March 5, Page 5 of 8

6 CORE STRATEGY: PROVIDE SAFE AND EFFECTIVE SERVICE: CORE STRATEGY: PARTNERSHIPS: Res No items to discuss 2014 Foothills Foundation Requisition Moved by Mayor Sharlene Brown that Council agree to instruct Administration to pay the 2014 Foothills Foundation requisition of $45, Family and Community Engagement Councils (FCEC) Res CORE STRATEGY: IMPROVE COMMUNICATION: CORE STRATEGY: POSITIVE LEADERSHIP: Res Moved by Deputy Mayor Jim Deacon that Council agree to forward the Family and Community Engagement Councils correspondence to the FCSS Coordinator and request that the information be shared with relevant organizations and individuals who may be interested in applying, and place the information on the Town's website. No items to discuss Back Yard Chickens Request for Pilot Project Moved by Councillor Mike Ross that Council agree to undertake a public consultation to determine the Town of Black Diamond residents' level of support for a Back Yard Chicken pilot project, using different media to engage residents, including: a survey, as attached, fillable online or on paper, available on the Town website with a closing date of February 28, 2014 a Council hosted, public presentation by CLUCK, if representatives are agreeable media advertising of the survey and presentation (if arranged), including Minute with the Mayor, Gateway Gazette, Western Wheel, Town Website and Town office signage Page 6 of 8

7 and further agree that Administration is to provide a report to the March 25 Committee of the Whole meeting, outlining the residents' response to the survey, and next steps needed and an expected timeline to launch the project, should Council choose to do so. Request for Trial of Daytime Committee of the Whole Meetings Res MISCELLANEOUS ITEMS: Moved by Councillor Ruth Goodwin that Council agree that beginning February Committee of the Whole meetings be held on the 4th Tuesday of each month beginning at 9:30am for a trial period to end September MOTION CARRIED Delegation Decisions (as required) No decisions required. Request for Resolution in Support of a National Dementia Strategy Res Moved by Councillor Jackie Stickel that Council agree to pass the resolution in support of a National Dementia Strategy as attached, and further agree to forward copies to MP Gravelle, Prime Minister Stephen Harper and Alberta Health Minister, Rona Ambrose. Proclamation: Freedom to Read Week Mayor Sharlene Brown proclaimed the week of February 23 - March as Freedom to Read Week in the Town of Black Diamond. CORRESPONDENCE AND INFORMATION: Parks & Recreation Month End Report Letter from AUMA re: 2010 resolution Hope and Healing Gala Page 7 of 8

8 Res COMMITTEE REPORTS: IN CAMERA SESSION: Moved by Councillor Mike Ross that Council agree to accept the Correspondence for information purposes. To be presented at the second Council meeting of each month. None scheduled ADJOURNMENT: Res Moved by Deputy Mayor Jim Deacon that Council agree to Adjourn the meeting at 9:47pm. Original signed MAYOR Original signed CHIEF ADMINISTRATIVE OFFICER Page 8 of 8

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