MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE R.M. OF ST. ANDREWS HELD TUESDAY, JUNE 14, 2011 AT CLANDEBOYE, MANITOBA Attendance: Reeve Forfar, Councillor Ataman, Councillor Keryluk, Deputy Reeve Krasnesky, Councillor Garvie, Councillor Boch and Councillor Hunt. Administration: Sue Sutherland, C.A.O. and Debbie Sinclair, Assistant C.A.O. A. CALL TO ORDER Meeting called to order at 1:00 p.m. by Chair Reeve Don Forfar. B. OPENING PRAYER Opening prayer was read by Councillor Hunt. C. ADOPTION OF AGENDA Res. (276-2011) Moved by: Councillor Ataman Seconded by: Councillor Keryluk Resolved that Council adopt the agenda, as presented. D. ADOPTION OF MINUTES Draft May 24, 2011 Council Meeting Minutes Res. (277-2011) Moved by: Councillor Boch Seconded by: Councillor Hunt Resolved that Council adopt the May 24, 2011 Council Meeting Minutes, as amended. E. DELEGATIONS Highway Gardens Trailer Park - Mr. J. Moskalyk and Park Manager. - He reassured Council that nothing had changed in the operations of their lagoon. The failure was a wall slide and a rodent hole was exposed by it. There was a slight release of affluent for 24 hours; the affluent was tested and the results were good and under the required limits. - He presented a report and photos (taken Sept. 2010) and stated that the preliminary report from the engineer, Fred Pennerwas previously submitted. He read and submitted his letter detailing the failure and the actions taken. He stated that if they work on the inside of the cell then Environment will require them to follow the new rules and they will continue to be grandfathered. He requested that Council consider the engineer's report and the fix that entails using the RM's drain. They want to discuss the proposed repair and the possibility of cost sharing. - Reeve Forfar stated that this would have to be reviewed by staff and our engineer before Council can discuss this. - It was brought up that the current culvert installation for the ramp was not set properly and the drain is backing up and not working correctly. Mr. Moskalyk said that is a temporary situation and that a 36" culvert is needed. They are in currently releasing affluent and that will be completed tomorrow. The drain level will recede and the leaky pipe has been fixed and the cell will be dry.
- Administration questioned if the report has been approved by Conservation. Mr. Moskalyk stated that they were given an Order which had 4 or 5 requirements and the possibility of testing how the lagoon operates. This information was provided to Environment about a week ago and they have had no response yet. Mr. Moskalyk stated that Environment's decision will be based on what the RM decides. - Administration asked if Environment was happy with the suggested repair and the culvert problem will be fixed. A temporary repair to this point is about $5,000 and the recommended repair would cost about $25,000. - Mr. Moskalyk inquired to Environment and was told the approval from the RM was required and that was all that they requested. - Administration stated that the house on the corner of Van Mol and Hwy 9 is for sale and asked that they try to work with the new owners to deal with their trees that are hanging over the road. They agreed to try. - The time frame for this work is crucial. Cells 2 and 3 will be empty as of tomorrow and will remain isolated until the repair is completed. F. COMMITTEE REPORTS Transportation Services - Councillor Keryluk - Reported that we have started taking down the Hesco bags and provided an explanation of how it is done. - Discussed with Brad the need to prioritize the drainage list with a time schedule. Asked Council to review list, prioritize it and discuss with Public Works or Administration. - The surveyor we hired is working and plotting and there is still a lot of survey work to do. - Brad will be asked to contact L. Clemons regarding Clemons Road culvert. - 1156 Earl Grey Road is having problems as the mud road is in bad shape. More material and maintenance is needed on mud roads. If something could be done as soon as it dries up, especially north of her property to Clandeboye Road and #8. In some places only 50' - 100' need work and others up to a quarter mile. The mud roads are graded once a year. When people drive on them with ATV's when they are wet it causes big ruts and they dry that way. She commented that last year the grader operator did a good job. Councillor Keryluk will look into it and try to get them done. Suggested in future more money could be included in the budget to grade mud roads. - They have an 80 acre parcel that borders Oak Hammock Marsh and it has no road access. They have been accessing it through Oak Hammock's grassland but they are no longer permitted to do this. Is the piece a municipal road allowance or does it belong to Oak Hammock? Administration will investigate this and advise them. Recreation and Culture - Reeve Forfar - The feedback on the Volunteer Appreciation event was good but there was some comments on the sound system. - The RM Open House is on June 16 at the South Fire Hall from 3:00 p.m. to 8:00 p.m. Protective Services - Councillor Ataman The fire meeting has been changed and will be conducted on June 21 st which all of Council is welcome to attend. - Discussion of a First Responder problem with a housing unit that they are being denied access to. Administration told the First Responders that it would be addressed immediately. Discussion as to ensuring that
Administration deal with any matters that may have repercussions or liability issues. We need to stay consistent in how these are handled. - Administration provided a verbal report of the meeting with Prairie By- Law and the meeting with Officer Chris Stienke. Summarized some of the problems discussed such as e-mail, communication, returning calls, etc. New reports are being provided. Council is still unhappy with the service being provided. Administration to provide, by e-mail, to Council the summer schedule for the By-Law Officer and to provide a copy of the reports on the two issues in Councillor Hunt's ward to him. Administration was directed to speak with Prairie By-Law and inform them that this is the last opportunity to improve the service we receive. Land Use Planning and Development - Councillor Boch - There was a Land Use Committee meeting last evening and the minutes will be forthcoming. - It is anticipated that the new development plan should be approved by the Minister soon. Governance and Personnel - Councillor Garvie - We are recruiting a new Public Works Manager; Councillors Garvie and Keryluk and Reeve Forfar to review resumes. - Reeve Forfar informed Council that he spent some time at the school in Clandeboye and they gave some ideas on how to improve the website; such as more crisis phone numbers, historical information, information on future projects and a kid's page with word find and games. - Administration distributed the spreadsheet summary of the Public Works Manager resumes and stated that there was three she felt should be interviewed. Res. (278-2011) Moved by: Councillor Hunt Seconded by: Dep. Reeve Krasnesky Resolved that Council approve Lee White, Murray Dick and Wayne Parkes to be moved to the Operator 1 classification. Environmental Health - Councillor Hunt The next environment meeting is scheduled for June 29 at 8:30 a.m. at Chubb's in Lockport. - June 24 there is a MARR meeting in Brandon - Councillor Keryluk would like to attend. - Hazardous Waste Day is scheduled for June 18 in Selkirk. Finance - Deputy Reeve Krasnesky 1) May 2011 Cheque Detail Report and Visa Transaction Details Report Res. (279-2011) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Keryluk Resolved that Council approve the May 2011 Cheque Detail Report and Visa Transaction Details Report, as presented.
Res. (280-2011) Moved by: Councillor Garvie Seconded by: Councillor Keryluk Resolved that Council receive the above noted reports on behalf of each committee. G. EXTERNAL COMMITTEE REPORTS Councillor Garvie - May 25 - attended the Capital Region All Council meeting and AGM. - June 2 - attended ARM. - June 2 to 7 - attended the FCM Conference in Halifax. Pep. Reeve Krasnesky - Submitted written report detailing attendance at the following meetings. - May 25 - Attended the Capital Region All Council meeting and AGM. - May 26 - Attended the ITA meeting. Minutes and "open floor" discussion submitted. - May 29 to June 1 - Attended the SWANA Conference in Saskatoon. Provided a summary of the conference. Submitted Conference schedule. - June 1 to 7 - Attended FCM. - June 8-Attended the Airport AGM. Submitted the May 12 minutes. Councillor Keryluk - June 8 - Attended a Heritage Committee meeting - they are planning their July 1 st celebration and an invitation was extended to Council. The event starts at noon and he summarized the events scheduled. Two students have been hired to work at the centre. Councillor Boch - As per indemnity submission. - May 5 - Attended ARM in Dugald. - May 12 - Attended Trails meeting and North Red Community Water Maintenance meeting. - May 14 - Attended meeting with subdivision Developers. Councillor Ataman - As per indemnity submission. _ May 2 - Attended Airport Secondary Plan meeting in Selkirk. - May 5 - Attended ARM in Dugald. - May 19 - Attended Red River Basing meeting. Councillor Hunt - May 29 to June 1 - Attended SWANA conference in Saskatoon. - June 24 - Attended MARR meeting. Reeve Forfar - Submitted written report detailing attendance at the following meetings. - May 25 - Attended Capital Region Partnership and Mayors & Reeve AGM. - May 31 - Attended Negev Gala - Jewish National Fund of Canada honouring Minister Melnick. - June 1 - Presented LSRCS Awards to 3 St. Andrews students. - June 2 to 7 - Attended FCM in Halifax - received national recognition for work on Board and re-elected to Board. He thanked Council for their support and stated he was honoured to get the public recognition. - June 7 - Conducted Navy Cadets ceremonial review. - June 8-Attended Airport AGM. Submitted minutes from 2010 AGM. Met with St. Andrews Developers.
- June 9 - Attended AMM provincial election press announcement. Attended Gerdau citizens' advisory committee meeting. - June 10-Attended Community Foundation nomination - Kelly Lewis is new board member replacing Joe Smolinski. - June 13 - Attended South Basin Mayors & Reeves with Minister Melnick. Res. (281-2011) Moved by: Councillor Boch Seconded by: Councillor Ataman Resolved that Council receive the reports on behalf of each external committee. H. CORRESPONDENCE Action Items A. Funding Requests 1) Lord Selkirk Comp. School - Safe Grad 2011 - Request Financial Support Res. (282-2011) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Hunt Resolved that Council authorize a donation in the amount of $400.00 for the Safe Grad 2011 for the Lord Selkirk Regional Comprehensive High School. B. Meetings, Conferences, Conventions and Seminars C. Other 1) Selkirk Record Advertising - Resolution Res. (283-2011) Moved by: Councillor Ataman Seconded by: Councillor Boch Resolved that Council authorize advertising in the Selkirk Record for the Community Spots Promotion in the amount of $440.00. Information Items As per information items #1-30 as listed on the agenda. Res. (284-2011) Moved by: Councillor Boch Seconded by: Councillor Ataman Resolved that Information Items #1-30 as listed on the agenda, be received as information, unless otherwise resolved.
Item #16 - M.A.R.R. - Membership Renewal and Notice of June 24 meeting in Brandon Res. (285-2011) Moved by: Councillor Hunt Seconded by: Councillor Ataman Resolved that three members of Council be authorized to attend Manitoba Association of Regional Recyclers meeting in Brandon on June 24, 2011. I. MUNICIPAL ADMINISTRATION 1) Cairn Location - Deputy Reeve Krasnesky stated that he has been contacted by Little Britain United Church and the cairn is theirs. He read the e-mail. Administration is to check with E. J. Smith Memorials to see if the plaque can be straightened, to confirm that they do want it reconstructed on church property and get an estimate of the cost. Deputy Reeve Krasnesky asked Council to cover the costs of reconstruction. 2) 2011 Road Works Quotation - Resolution to Accept Res. (286-2011) Moved by: Councillor Keryluk Seconded by: Councillor Garvie Whereas the Rural Municipality of St. Andrews had sent out invitations for quotation for 2011 road works, and; Whereas 4 bids were received: Maple Leaf Construction - $1,071,229.85 Chabot Enterprises - $1,097,095.65 Hugh Munroe Construction - $1,102,075.00 WERI- $1,397,019.75 And Whereas the Public Works Supervisor and Public Works Chair have reviewed the submissions, and; Therefore Be It Resolved that the Council accept the proposal from Maple Leaf Construction in the amount of $1,071,229.85 plus GST, and proceed with the construction of the roads. 3) Resolution to Hire Staff for Public Works Dept. Res. (287-2011) Moved by: Councillor Ataman Seconded by: Councillor Garvie Resolved that Council authorize the hiring of the following individuals for the R.M. of St. Andrews Public Works Department: Rob Liske, Waylon Koniski, Patrick Waterman, Jordon Dryden, Tory Harris and Mathew Jaccubuci.
4) RJF Management- Resolution to Hire Res. (288-2011) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman Resolved that Council hire RJF Management at a rate of $100/hr plus expenses and mileage to project manage diking projects within the municipality, And Therefore Be It Resolved that the signing authorities are authorized to endorse the contract. 5) 911 Services Agreement - Resolution to Sign Res. (289-2011) Moved by: Councillor Ataman Seconded by: Dep. Reeve Krasnesky Resolved that the signing authorities for the R.M. of St. Andrews be authorized to sign the 911 Services Agreement with the City of Brandon. 6) Williams Property Exchange Agreement - Resolution to Sign Res. (290-2011) Moved by: Councillor Boch Seconded by: Dep. Reeve Krasnesky Resolved that the signing authorities for the R.M. of St. Andrews be authorized to sign the property exchange agreement with Thomas Williams related to Subdivision No. S09-2244. 7) Lockport Community Festival - Administration sent out meeting notices for this. The meeting is scheduled for June 16 and June 30. 8) Fire Truck - The new fire truck for Clandeboye requires some equipment, which is in the budget, and a release for the supply of this equipment needs to be signed. Administration is authorized to sign the release. 9) Water Advisory Committee - The first meeting should be an introduction of the committee members and should establish the goals and intent of the committee. A representative from the East Interlake Conservation District will be attending. Discussion of what could be included on the agenda ensued. 10) Flood Prone Ratepayers of St. Andrews - A tentative meeting date of July 18 at 7:00 p.m. after the Land Use Planning meeting was set. Darcy Hardman, Emergency Coordinator should be in attendance. It was suggested that the Emergency Coordinator, the CAO and the diking Contract employee meet to discuss what information would be available at that time for discussion at the meeting. Further discussion ensued regarding ownership of dikes, dikes the Province is constructing, work that can be done during a state of emergency, the Premier's promise to build permanent dikes, MIT's statements regarding time lines for completion of the Netley/Wavey Creek dike construction and the need for Council to lobby to ensure it gets done this year. Reeve Forfar will e-mail Minister Bjornson and have him arrange a meeting with Ministers Ashton and Lemieux.
11) Selkirk and District Chamber of Commerce - Meeting June 23. J. BY-LAWS AND POLICIES K. OLD/UNFINISHED BUSINESS Recess: 3:10 p.m. Reconvene: 5:05 p.m. L. NEW BUSINESS - Discussion of streets within the Airport. - St. Clements Church 150 th Celebration scheduled for June 18 th from noon to 8:00 p.m. - Discussion of resolution for AMM regarding flooding and the need for permanent diking along the Red River in the Interlake region. A resolution will be drafted during a recess and brought back for consideration. - Still waiting on cost estimates for chest waders and gloves for the fire departments. - Next fire meeting scheduled for June 21 at 6:30 p.m. in Clandeboye. Res. (291-2011) Moved by: Councillor Keryluk Seconded by: Councillor Boch Recess: 5:15 p.m. Reconvene: 6:00 p.m. WHEREAS the Province of Manitoba has suffered considerable flood damage, and; WHEREAS several communities throughout the Province have experienced frequent high water events, and; WHEREAS the intervals of the flooding events are accelerated and becoming the new norm, and; WHEREAS Municipalities and residents of Manitoba are experiencing large financial burdens, using large amounts of resources and putting lives at risk; THEREFORE BE IT RESOLVED that the Association of Manitoba Municipalities lobby the Province of Manitoba to implement a permanent flood solution which would include such measures as dyking, removal of affected homes, raising of property levels and shoreline protection. CAO Sutherland did not return to the meeting.
M. 6 P.M. - PLANNING AND RELATED DELEGATIONS By-Law Conditional Use Applications 1) Conditional Use No. 13-2011 - Netley Colony - Jennifer Ferguson, Planner, summarized this application to construct a duplex and two triplex dwelling units as staff quarters. Approval was recommended with conditions. Res. (292-2011) Moved by: Councillor Boch Seconded by: Councillor Ataman Whereas Owner/Applicant Netley Colony has made application for Conditional Use No. 13-2011 for the premises described as Pt. SW 5-16-4E, 897 Henry Road, To allow additional staff dwellings in the "A80" Agricultural Zone. Now Therefore Be It Resolved that Conditional Use Application No. 13-2011 be hereby approved by Council with the following conditions: 1) Applicant/Owner obtains all required permits from the Selkirk and District Planning Area Board. 2) Conditional Use No. 16-2011 -Seel - Jennifer Ferguson, Planner, summarized this application to allow a home occupation for massage therapy in the seasonal residential zone. Approval is recommended with conditions. Res. (293-2011) Moved by: Councillor Garvie Seconded by: Councillor Keryluk Whereas Owner/Applicant Bri-Anne Seel has made application for Conditional Use No. 16-2011 for the premises described as Lot 36, Block 4, Plan 5686, 131 Grand Circle, To allow a Home Occupation (Massage Therapy) in the "SR" Seasonal Residential Zone. Now Therefore Be It Resolved that Conditional Use Application No. 16-2011 be hereby approved by Council with the following conditions: 1) As per conditions set out in Sec. 3.16.3.6 of Home Occupations as per St. Andrews Zoning By-Law #4066. 2) An annual business licence be obtained from the Municipality. 3) Conditional Use No. 15-2011 -Telus - Jennifer Ferguson, Planner, summarized this application to allow a communication tower in the A80 zone. Planning has no concerns with this application and approval is recommended with conditions.
- Anne Theobald (846 Fort Garry Rd) - inquired as to the height of the structure and if there were any negative health effects or disturbances. - Phil Barker of Telus stated that there is a safety code created by the government for tower emissions and they are well below the code. There are also regulation set by Health Canada and they are compliant with them as well. He explained the type of signal emitted by the tower. - Dawn Vokey (20 Kimberly Place) - Inquired if the standards set the proximity for residential housing? The proximity to the towers is better than the proximity of a building with antenna on it. Industrial Canada has deemed them safe for people. Res. (294-2011) Moved by: Councillor Garvie Seconded by; Councillor Keryluk Whereas Applicants Telus and Owners Marc Gauvin & Linda Roels have made application for Conditional Use No. 15-2011 for the premises described as Pt. NW 30-13-4E, 838 Fort Garry Road, To allow a Communication Tower within the "A40" Agricultural Zones. Now Therefore Be It Resolved that Conditional Use Application No. 15-2011 be hereby approved by Council with the following conditions: 1) Applicant enter into a development agreement, if applicable, with the R.M. of St. Andrews for such items and not limited to lighting, screening, landscaping, fencing, signage and parking requirements. Applicant obtain all required permits from the Selkirk and District Planning Area Board. Variation Orders 1) Variation Order No. 49-2011 - Happy Planet Ent. - Jennifer Ferguson, Planner, summarized this application to allow the construction of a 14 suite apartment building. This variation is to allow for side yards of 7 ft. 10 in, a maximum mean height of 32.5 ft, off-site parking of 9 stalls and on-site parking of 10 stalls for the apartment building and Laundromat. Planning has a number of concerns with this application. There is the danger that the lot hosting the off-site parking could be sold and the parking would no longer be available. The side yard variance is an extreme as it is less than half the required set back and does not include take into account any projections such as stairs, eaves and overhang. This may also translate into drainage concerns. There is also the issue of waste water; municipal waste water servicing is in process and this application may be premature. Holding tanks would be needed and would have to be pumped out frequently. Planning felt that this was not an appropriate site for a building of this size, therefore approval is not recommended. A new design should be considered and the application should wait for the secondary plan and waste water servicing. - Al Barr (64 Stevens Ave. E.) - no comment. - Diane Derkach (36 Stevens Ave. E.) - Stated she had the same concerns as Planning and also concerned with the water table, safety and traffic congestion. Described past problem with the water table. Opposed to access off Stevens Avenue for this development. Felt that the housing
of Seniors' and single parent families was not a good mix. Asked that Council reject this application. - Earl Dyck (36 Stevens Ave. E.) - Does not feel there is a need for a multi-family dwelling and feels the property should have been zoned residential not commercial. - Tom Harkness (58 Stevens Ave. E.) - Opposed to the development and agrees with all already said. - Fred & Mavis Pebbles (61 Stevens Ave. E.) - Agree that a multi-family dwelling unit is not needed and are concerned with traffic, the height and don't feel it is an appropriate development for the area. - Michael McKay (59 Stevens Ave. E.) - Opposed. Although he can appreciate the investment but feels that a single family home would be okay but not an apartment building. Concerned over traffic, kids safety and waste water. Feels this development would cause decay in the neighbourhood. The residents are united against this development. He likes his privacy and he feels a location on Henderson Highway would be better. - Frances Grantham (59 Stevens Ave. E.) - Opposed. Agree with Michael, Diane and all that has been said. - Darryl Pohl (57 Stevens Ave. E.) - He agreed with all said. Did some research regarding the increase in crime and violence in neighbourhoods with multi family dwelling units. Listed stats and submitted a copy of them. The area is single family dwelling and if the RM's goal is to improve the neighbourhood and he feels that this would not improve it. Feels this development would bring a higher rate of crime to the area. He stated that if this development proceeds he will sell his property. He does appreciate the time and investment being considered for the area. - Terry Campbell (90 Stevens Ave. E.) - Opposed. Concerned over what a multi-family dwelling unit will do to his property value when it is right across the street. He agrees with all concerns already stated. The lot is too small. - Kim Pohl (57 Stevens Ave. E.) - Stated they had to follow the rules when they built and so should the developer. There are not enough amenities in the area for this development. Would also sell if this development proceeds. - Anthony & Amanda Standryk (88 Stevens Ave. E.) - Opposed. Concern over 1 year old son with the increased traffic and crime. Would move as well. - Michael McKay (59 Stevens Ave. E.) - This is a residential neighbourhood. Reiterated previously mentioned concerns. - D. Hodganson - DGH Engineering (12 Aviation Blvd.) - Speaking on behalf of the developer - Provided a summary of events leading to this public hearing. Stated they felt this was a modest development that needed some variances. Their client has an existing business in the community and wishes to add to the local economy and sustainability of the business community. They will consider the comments made tonight. The developer owns the property on either side of this development and so modest side yards were applied for. He recognizes the need to establish parking on the adjacent lot and they are willing to fulfill any requirements set by Council. The intention is to connect to sewer service when it is available. They are familiar with licensing a water well and thorough the licensing they will most likely be obliged to ensure other wells in the area are not affected. Traffic will only be for 13 suites not 50 or 100. They believe adding new residents to the area is a positive thing. - Sunil Bhatara (3208 26 Ave. Edmonton, AB/5374 Hwy 9) - Stated his appreciation of their comments. Explained that he had been approached by some Seniors' who wanted to stay in the area close to their families and needed a place to live. Property values decline and increases in crime do sometimes happen but he would screen the tenants.
- Discussion of the use of holding tanks, of 55 plus and single parent families and the apprehension from younger families in the area. - Diane Derkah (36 Stevens Ave. E.) - Submitted petition in opposition to this development. Stated Seniors have different needs from single parent families. Inquired if there would be a wheelchair ramp, wide doorways, common area for tenants, green space and child care there. There is no park, no playground, no public transit. The area needs stability and the structure will be an eyesore. - D. Hodganson - DGH Engineering (12 Aviation Blvd.) - The structure would be barrier free and have an elevator. The developer has expressed an interest in offering a period of free rent to local residents that may need some assistance. The developer commits to managing it in a community friendly way. - Sunil Bhatara (3208 26 Ave. Edmonton, AB/5374 Hwy 9) - Stated the engineer knows how to deal with the water table and disposal. He offered to put in a daycare instead of a Laundromat. Planning would have to check but a daycare may be permitted. - Comments regarding the developers other business, where he lives, amenities needed in the area and parking for the development. - It was stated that the property is zoned commercial and a multi-family unit is allowed and with the height variance within 10% of the requirement this application would not be necessary. - Some residents stated that they were not notified of this application. Planning stated that the developer did due diligence and met with the neighbours. Legislation requires that Planning post notice or send out by mail to properties within a 100 metres and Planning did both methods. The notices were mailed out May 16, 2011. - Diane Derkah (36 Stevens Ave. E.) - Stated she went to all the houses and not one senior stated they wanted the apartment block. - Terry Campbell (90 Stevens Ave. E.) - Reiterated concern over parking and how the parking at the adjacent restaurant would be affected. - D. Hodganson - DGH Engineering (12 Aviation Blvd.) - Stated they would be willing to establish through caveats whatever Council may require to address this issue. Res. (295-2011) Moved by: Councillor Keryluk Seconded by: Councillor Garvie Whereas Applicant DGH Engineering and Owner Happy Planet Ent. have made application for Variation Order No. 49-2011 for the premises described as Lot 3, Block 1, Plan 1489, 71 Stevens Avenue E. To vary from: To proposed: "CH" Highway Commercial Zone St. Andrews Zoning By-Law 4066 Main: side yard min. 25 ft. Parking: 1.25 spaces per unit Requires: 17.5 stalls Height Maximum Mean: 30 ft. Side yards 7 ft. 10 in. and off-site parking 9 stalls On-site parking 10 stalls Mean Height 32.5 ft. To allow construction of a 14 suite (3 floors) apartment building. Now Therefore Be It Resolved that Variation Order No. 49-2011 be hereby rejected by Council.
2) Variation Order No. 58-2011 - Evans - Jennifer Ferguson, Planner, summarized this application to vary the front yard setback. Approval is recommended. Res. (296-2011) Moved by: Councillor Boch Seconded by: Councillor Ataman Whereas Applicant/Owner Glenn Evans has made application for Variation Order No. 58-2011 for the premises described as Lot 5, Block 2, Plan 20867, 1 Thoma Drive, To vary from: To proposed: "RA" Suburban Residential Zone St. Andrews Zoning By-Law 4066 Accessory: front yard minimum 50 ft. Front yard minimum 25 ft. To allow the construction of a 900 sq. ft. detached garage. Now Therefore Be It Resolved that Variation Order No. 58-2011 be hereby approved with the following conditions: 1) Applicant/Owner obtain a building permit for the accessory structure from the Selkirk and District Planning Area Board. 3) Variation Order Nos. 65 & 66-2011 - Zaboqruski/Fetterly - Jennifer Ferguson, Planner, summarized these applications to vary site width. These variations are part of a conditional approval for a subdivision. Planning has no major concerns with these applications and approval is recommended. Res. (297-2011) Moved by: Councillor Boch Seconded by: Councillor Keryluk Whereas Applicant Dennis & Darlene Zabogruski and Owner Chad & Denise Fetterly have made application for Variation Order Nos. 65 & 66-2011 for the premises described as Pt. RL 128, Plan 2565, 5903 Highway #9, To vary from: To proposed: "RR" Rural Residential Zone St. Andrews Zoning By-Law 4066 Site width minimum 198 ft. Lot 1: site width minimum 17.32 ft. Lot 2: site width minimum 22.11 ft. As per condition #7 of Subdivision No. S09-2237. Now Therefore Be It Resolved that Variation Order Nos. 65 & 66-2011 be hereby approved by Council.
Subdivisions 1) Subdivision No. S10-2291 - Babaluk (Revised) - Jennifer Ferguson, Planner, summarized this request for revision to a condition of the subdivision conditional approval. This is to allow home construction traffic to use Kimberly Drive for access to the development. The public hearing notification process was followed as per the initial notice. If this revision is approved, it is recommended that a performance bond be taken for damage to Kimberly Place. - S. Babaluk - Developer - Stated she has 13 of 17 homeowners signatures supporting this revision. The other individuals have been spoken with but they have not indicated support or opposition to this. She recognizes the concerns of the Kimberly Place residents and suggests the damage deposit which is currently $2,000 be increased to $10,000 so funds are available if there are any damages. Comments that this amount would make the purchasers diligent with their contractors so that they would get their full refund. Submitted copies of letters of support. - Dawn Vokey-20 Kimberly Place-Supports this revision. When the conditions were originally set the discussions were more heated. She commented that if lot 3, which abuts the residual lot, was purchased and not developed for a while and then lots 1 and 2 we sold and wanted to build, lot 3 could refuse them access across their lot. She felt it was illogical to hold the developer to this condition. All sorts of trucks travel on Kimberly Place and if the road is damaged it gets fixed. You would have money deposited to repair the road if it is damaged. - It was commented that the residents are the ones monitoring the road for damage. It can be very difficult to determine who damaged the road. It was felt that not all three homes would be constructed at the same time and that would help to determine who damaged it. The by-law sets the damage deposit fee and we won't change the by-law for one development; the additional damage deposit would be something the developer would have to collect. Could the performance bond be part of the development agreement? How much would it have to be? - Planning stated that it is usually the developer who is responsible for maintenance and constructing the access road. It was suggested that the development agreement be registered against four lots. The performance bond could be in place until the houses are built or for a specific period but that would be up to Council to determine. - The construction time lines can be specified in the purchase agreement. - Discussion as to the amount of the performance bond ensued. Recess: 7:30 p.m. Reconvene: 7:46 p.m. - Explanation given as to the difference between the warranty and the performance bond. - Dr. Stutsky commented that she did not want her tax dollars spent on road repairs caused by this development. It was stated that a reasonable amount would be set to have enough money on hand so the RM does not have to use tax dollars to pay for it.
Res. (298-2011) Moved by: Councillor Ataman Seconded by: Councillor Keryluk Resolved that Proposed Subdivision No. S10-2291 (Babaluk- Revised) be hereby approved by Council with the following conditions, with condition #8 being added: 1) Applicant/Owner submits confirmation in writing from the Chief Administrative Officer of the R.M. of St. Andrews that: a) Taxes on the land to be subdivided for the current year plus any arrears have been paid or arrangements satisfactory to Council have been made; b) Capital development fees to be paid. 2) Manitoba Land Surveyor prepares a multi-lot plan of subdivision, including lot area and width calculations and confirmation that Crown Land is not involved in the proposal; mortgages and caveats to be amended/discharged. 3) Applicant/Owner enters into a development agreement with the R.M. of St. Andrews to address issues including, but not limited to, waste water disposal, holding tank only, obligation to sewer and water hook-up when available, flood mitigation and bank stability and erosion control measures, 100' area of protected riparian habitat along the river bank, construction access, and building location and restrictions, in addition to performance bonds of $10,000.00 per lot including the residual. 4) Applicant/Owner submits confirmation of geotechnical engineering information on established flood protection levels and river bank stability for this area having been reviewed and approved by Manitoba Water Stewardship and the municipal engineer. 5) Applicant/Owner submits a detailed engineered drainage and lot grading plan for review and approval by Manitoba Water Stewardship and the municipal engineer. 6) Applicant/Owner successfully obtains Water Right's License. The contact person is Geoff Reimer at (204) 467-4450. 7) Applicant/Owner to obtain, if required: a) Joint easement agreement for existing and/or future Hydro and MTS facilities association with the subdivision; b) Plan of easement prepared by a Manitoba Land Surveyor as required by the Real Property Act. 8) Applicant/owner ensures that all construction traffic for land development enters through existing River Road access.
2) Subdivision No. S11-2347 - Yakieleshak/Hart - Jennifer Ferguson, Planner, summarized this application to subdivide a 4 acre yard site from a 36 acre holding. There are two existing residences on one title. The new owner was not aware that the second dwell was to be staff quarters and wants to subdivide to separate it to allow for renovation of the existing residence. This is consistent with the development plan and the zoning by-law. Some concern over the site width in respect to Manitoba Conservation requirements for septic fields. We understand that Manitoba Conservation is agreeable if part of the conditional approval. Approval is recommended. - Mr. Yakieleshak commented that it was listed as two dwellings with two separate addresses and this is the only solution to the problem. Res. (299-2011) Moved by: Councillor Garvie Seconded by: Councillor Keryluk Resolved that Proposed Subdivision No. S11-2347 (Yakieleshak/Hart) be hereby approved by Council with the following conditions: 1) Applicant/Owner submit confirmation in writing from the Chief Administrative Officer of the R.M. of St. Andrews that: a) Taxes on the land to be subdivided for the current year plus any arrears have been paid or arrangements satisfactory to Council have been made; b) Capital development fees have been paid. Manitoba Land Surveyor prepares a 1 -lot plan of subdivision, including lot area and width calculations and confirmation that Crown Land is not involved in the proposal and that appropriate setbacks are achieved from the ejector to the proposed property line. 3) Applicant/Owner to supply a Building Location Certificate prepared by a Manitoba Land Surveyor. 4) Applicant/Owner to successfully obtain any required variation orders for building set back requirements. 5) Applicant/Owner to obtain any required approvals from Manitoba Conservation with respect to On-Site Waste Water Management and existing septic fields. Planning - Miscellaneous - None
N. ADJOURNMENT Res. (300-2011) Moved by: Councillor Ataman Seconded by: Councillor Garvie Resolved that the Council meeting be adjourned at 7:56 p.m.