ROCKY VIEW COUNTY COUNCIL MEETING MINUTES February 24, 2015 Page 1

Transcription

1 Page 1 A regular meeting of the Council of Rocky View County was held in Council Chambers of the Municipal Administration Complex, nd Avenue NE, Calgary, Alberta on commencing at 9:00 a.m. Present: Reeve M. Bahcheli, Division 3 Deputy Reeve L. Habberfield Division 7 Councillor L. Breakey, Division 1 Councillor J. Arshinoff, Division 2 Councillor R. Ashdown, Division 4 Councillor E. Solberg, Division 5 Councillor G. Boehlke, Division 6 (Departed the meeting at 3:28 p.m.) Councillor A. Sacuta, Division 8 Councillor B. Kendall, Division 9 Also Present: K. Greig, County Manager K. Robinson, General Manager, Corporate Services B. Riemann, General Manager, Infrastructure and Operations C. O Hara, General Manager, Planning and Development R. Barss, Senior Planner J. Walroth, Solid Waste & Recycling Advisor S. Schaub-Szabo, S-Cubed Environmental C. Nelson, Manager, Agricultural & Environmental Services M. Wilson, Senior Planner, Team Lead X. Deng, Planner J. Kwan, Planner V. Diot, Municipal Technologist, Engineering Services Q. Brown, Senior Planner U. Ufoegbune, Senior Planner J. Sinclair, Public Information Officer S. Jewison, Manager, Operations G. Van Soest, Municipal Lands Specialist C. Satink, A/Manager, Legislative Services M. Mueller, Legislative Clerk - Council Call to Order The Chair called the meeting to order at 9:00 a.m. MOVED by to add discussion about Vantage Point Special Issue: New Municipal Building to as emergent item. Lost Councillor Bahcheli

2 Page Updates/Acceptance of Agenda MOVED by that the agenda be approved as circulated Confirmation of Minutes MOVED by that the February 10, 2015 Council meeting minutes be approved as circulated (F-1) (Item D-2 deferred from February 10, 2015 Council Meeting) All Divisions Notice of Motion Investigation of County Legal Advice File: N/A MOVED by that Item F-1 be tabled to later in the Council Meeting (D-1) Division 8-9 Glenbow Ranch Area Structure Plan Terms of Reference File: MOVED by that Council adopt the Terms of Reference in order to provide direction to review a portion of the Bearspaw Area Structure Plan with the intent of developing a new Glenbow Ranch Area Structure Plan for Council s consideration.

3 Page (D-2) All Divisions Langdon Solid Waste Collection 90 Day Update File: / MOVED by to table Item D-2 until after the morning hearings. Coundillor Kendall The Chair called a recess at 9:59 a.m. and called the meeting back to order at 10:10 a.m (C-1) Division 4 Bylaw C Redesignation Item DC Bylaw Amendment File: PL ; MOVED by that the Public Hearing be declared open at 10:10 a.m. Applicant/Owner(s) who spoke: Tom Schlodder (Planning Protocol 2 Inc.), Vedat Ulugtekin (General Manager, Lafarge) The Chair called a recess at 11:02 a.m. and called the meeting back to order at 11:12 a.m. Person(s) who spoke in favour: Bob Johal The Chair called a recess at 11:33 a.m. and called the meeting back to order at 11:41 a.m. Person(s) who spoke in opposition: No one came forward. MOVED by that the Public Hearing be declared closed at 11:48 a.m.

4 Page 4 MOVED by that Bylaw C be given first reading. CouncillorBoehlke MOVED by that Bylaw C be given second reading. CouncillorBoehlke MOVED by that unanimous permission be granted to give Bylaw C third and final reading. Lost CouncillorBoehlke

5 Page (C-2) Division 5 Bylaw C Redesignation Item Fragmented Quarter Section from Residential Two District to Residential One District File: 2013-RV-052; MOVED by that the Public Hearing be declared open at 11:59 a.m. MOVED by to accept letters of support from: Sandra Raposo, Jim Pepperdine, Kent Smith, Paul Smith, Jan Harnish, Dianne Townson, Jose Caldas, Daria Caldas, Lyle Walter, and 5 illegible signatures, totaling 13 letters, into record that were inadvertently left out of the agenda. Chair called recess at 12:26 p.m. and called meeting back to order at 12:33 p.m. Applicant/Owner(s) who spoke: Larry Konschuk (Bert Brown Lands Consults Ltd.) Person(s) who spoke in favour: Samantha DeCastro, Paul Smith Person(s) who spoke in opposition: No one came forward. MOVED by that the Public Hearing be declared closed at 1:13 p.m. MOVED by that Bylaw C be given first reading. MOVED by that Bylaw C be given second reading. MOVED by that permission be granted to give Bylaw C third and final reading. MOVED by that Bylaw C be given third and final reading.

6 Page (D-2) All Divisions Langdon Solid Waste Collection 90 Day Update File: / MOVED by that Administration be directed to proceed with implementing a service that will provide for 240L garbage carts on a subscription basis. MOVED by that Administration make the required changes ensuring cost recovery within the 2015 Master Rates Bylaw. MOVED by that there be no cart change out fee until May 31, 2015 to go to 240L cart. MOVED by that new residents be given a change out option between 90 & 120 days to go to the 240L cart without charge. Lost MOVED by that there be an annual report generated to reflect costs of the program along with any pricing adjustments recommended Lost

7 Page 7 MOVED by that Administration to develop an opt out option for Langdon Residents. Lost The Chair called a recess at 1:17 p.m. and called meeting back to order at 2:26 p.m (J-1) Division 5 Subdivision Item Three Lot Subdivision within Frontier Industrial Park Phase II File: PL ; Moved by that Subdivision Application No. PL be approved with the conditions as noted in Attachment A: A. That the application to create two ± 1.01 hectare (± 2.50 acre) parcels with a ± 1.01 hectare (± 2.50 acre) remainder from Lot 18, Block 2, Plan within SE W04M has been evaluated in terms of Section 654 of the Municipal Government Act and Section 7 of the Subdivision and Development Regulations and having considered adjacent landowner submissions, it is recommended that the application be approved as per the Tentative Plan for the reasons listed below: 1. The application is consistent with the statutory policies; 2. The subject land hold the appropriate land use designation; 3. The technical aspects of the subdivision proposal have been considered, and are further addressed through the conditional approval requirements. B. The Owner is required, at their expense, to complete all conditions attached to and forming part of this conditional subdivision approval prior to Rocky View County (the County) authorizing final subdivision endorsement. This requires submitting all documentation required to demonstrate each specific condition has been met, or agreements (and necessary securities) have been provided to ensure the condition will be met, in accordance with all County Policies, Standards and Procedures, to the satisfaction of the County, and any other additional party named within a specific condition. Conditions which require technical reports to be submitted, must be prepared by a Qualified Professional, licensed to practice in the Province of Alberta, within the appropriate field of practice. The conditions of this subdivision approval do not absolve an Owner from ensuring all permits, licenses, or approvals required by Federal Provincial, or other jurisdictions are obtained. C. Further, in accordance with Section 654 and 655 of the Municipal Government Act, the application be approved subject to the following conditions of approval: Plan of Subdivision 1. Subdivision to be effected by a Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta land Titles District. Accessibility to a Road

8 Page 8 2. The Owner shall: a. Provide an Access Right-Of-Way Plans for the mutual approaches; and b. Prepare and register respective Mutual Access Easements Agreements on each title, where required. Water Servicing 3. The Owner shall register a Utility Right-of-Way for the on-site water lines providing fire protection in accordance with the approved Tentative Plan. The Right-of-Way agreement should be signed by an established body that obligates the lot owners to operate and maintain the utilities in perpetuity. Stormwater Conditions 4. The Owner shall register an overland drainage easement for the communal Stormwater pond area in accordance with the approved Tentative Plan. Lot Owners Association 5. The Owner shall legally establish a Lot Owners Association (LOA), and an encumbrance or instrument shall be concurrently registered against the title of each new lot created, requiring that each individual Lot Owner is a member of the Lot Owner s Association: a. The LOA agreement shall specify the future maintenance obligations of the Lot Owners Association for the operation and maintenance of the communal stormwater facilities on site in accordance with the approved stormwater management plan, and the on-site water lines for fire protection in accordance with the approved Tentative Plan in perpetuity. Payments and Levies 6. The Owner shall pay the County subdivision endorsement fee, in accordance with the Master Rates Bylaw for the creation of two (2) new lots. Taxes 7. All taxes owing, up to and including the year in which subdivision is to be registered, are to be paid to Rocky View County prior to signing the final documents pursuant to Section 654 (1) of the Municipal Government Act. D. COUNCIL DIRECTION: 1. Council hereby authorizes the Reeve and Municipal Secretary to sign the Development Agreement. 2. Prior to final endorsement of the Subdivision, Administration is directed to present the Owner with a Voluntary Recreation Contribution Form and ask them if they will contribute to the Fund in accordance with the contributions prescribed in the Master Rates Bylaw (J-2) Division 8 Subdivision Item Proposed Subdivision within Bearspaw Area Structure Plan File: PL ; MOVED by that the Applicant be permitted to answer questions of Council. Frank Janzen (Applicant) responded to questions from Council.

9 Page 9 MOVED by to postpone agenda item J-2 to the March 10, 2015 Council Meeting, pending redrawing of the property lines to increase land size to be closer to minimum lot size requirement and a separate access to the property is created (J-3) Division 5 Subdivision Item Residential First Parcel Out Residential Three District File: PLRDS ; Moved by that Subdivision Application No. PLRDS be approved with the conditions as noted in Attachment A: A. That the application to create a ± 6.12 hectare (± acre) first parcel out with a ± hectare (± acre) remainder within a portion of SE W4M, having been evaluated in terms of Section 654 of the Municipal Government Act and Section 7 of the Subdivision and Development Regulations and having considered adjacent landowner submissions, is approved as per the Tentative Plan for the reasons listed below: 1. The subject lands hold the appropriate land use designation; and 2. The technical aspects of the subdivision proposal have been considered and are further addressed through the conditional approval requirements. B. The Owner is required, at their expense, to complete all conditions attached to and forming part of this conditional subdivision approval prior to Rocky View County (the County) authorizing final subdivision endorsement. This requires submitting all documentation required to demonstrate each specific condition has been met, or agreements (and necessary securities) have been provided to ensure the condition will be met, in accordance with all County Policies, Standards and Procedures, to the satisfaction of the County, and any other additional party named within a specific condition. Conditions which require technical reports to be submitted, must be prepared by a Qualified Professional, licensed to practice in the Province of Alberta, within the appropriate field of practice. The conditions of this subdivision approval do not absolve an Owner from ensuring all permits, licenses, or approvals required by Federal, Provincial, or other jurisdictions are obtained. C. Further, in accordance with Section 654 and 655 of the Municipal Government Act, the application be approved subject to the following conditions of approval: Plan of Subdivision 1. Subdivision to be effected by a Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta Land Titles District. Transportation and Access 2. The Owner/Applicant shall:

10 Page 10 a) obtain approval from the City of Calgary to build approaches to the site from the City of Calgary road (84th Street) in accordance with City of Calgary specifications; and b) construct new approaches on 84 th Street in accordance with City of Calgary approval for access to Lot 1 and Lot 2. Water supply, sewage and solid waste disposal 3. Water is to be supplied by an individual well on Lot 1. The subdivision shall not be endorsed until: a) The owner/applicant has provided a Well Driller s Report to determine whether an adequate supply of water is available for Lot 1. b) It has been demonstrated that the new well is capable of supplying a minimum of one (1) IGPM of water for household purposes. 4. The Owner shall enter into a Development Agreement (Site Services/Improvements Agreement) with the County and shall include the following: a. Installation of a Mounded Treatment System or Raised Bed Treatment System in accordance with the Level I assessment completed by Strom Engineering. The system shall be designed and installed by a certified Private Sewer Treatment System (PSTS) installer at time of building permit. Utility Easement 5. Utility Easements, Agreements and Plans are to be provided and registered to the satisfaction of ATCO Gas. Payments and Levies 6. The Owner shall pay the County subdivision endorsement fee, in accordance with the Master Rates Bylaw, for the creation of one new Lot. Taxes 7. All taxes owing, up to and including the year in which subdivision is to be registered, are to be paid to Rocky View County prior to signing the final documents pursuant to Section 654(1) of the Municipal Government Act. D. Subdivision Authority DIRECTION: 1. Prior to final endorsement of the Subdivision, the Planning Department is directed to present the Owner with a Voluntary Recreation Contribution Form and ask them if they will contribute to the Fund in accordance with the contributions prescribed in the Master Rates Bylaw. 2. Council hereby authorizes the Chief Administrative Officer or delegate to sign the Development Agreement (Site Services/Improvements Agreement) (E-1) All Divisions Bylaw C Master Rates File: departed the meeting at 3:28 p.m. departed the meeting at 3:44 p.m. and returned at 3:50 p.m. MOVED by that Bylaw C be given first reading. Absent:

11 Page 11 MOVED by to table second reading of Bylaw C to March 10, Absent: (E-2) All Divisions Bylaw C Amend Fire Services Bylaw C File: PL ; MOVED by to table agenda item E-2 to March 10, 2014 Council Meeting after Master Rates Bylaw is dealt with. Absent: The Chair called recess at 3:57 p.m. and called the meeting back to order at 4:12 p.m. with all previously mentioned members present with the exception of MOVED by to lift agenda item F-1 from the table Absent: (F-1) (Item D-2 deferred from February 10, 2015 Council Meeting) All Divisions Notice of Motion Investigation of County Legal Advice File: N/A MOTION #2 MOVED by that Rocky View County obtain a second legal opinion. Rocky View County to do a second legal review whereby the second counsel would be sent the same materials and all correspondence that administration sent to the first counsel and the second counsel be instructed to conduct an investigation since none was done the first time. This investigation would involve interviewing, ing, or phoning not more than 7 of the people involved in the October 21, 2014 meeting. Rocky View will commit a maximum of $4500 for this second legal review Lost Absent:

12 Page Council Reports The Councillors reported on the activities and meetings they attended during the past two weeks in their respective divisions. Adjournment MOVED by to adjourn the Council Meeting at 4:29p.m. Absent: REEVE MUNICIPAL CLERK