MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE R.M. OF ST. ANDREWS HELD TUESDAY, JUNE 11, 2013 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 Deb Murphy, Assistant C.A.O. A. CALL TO ORDER Meeting called to order at 1:14 p.m. by Chair Reeve Don Forfar. B. OPENING PRAYER Opening prayer was read by Dep. Reeve Krasnesky. C. ADOPTION OF AGENDA Res. (298-2013) Moved by: Councillor Garvie Seconded by: Councillor Ataman Resolved that Council adopt the agenda, as presented. D. ADOPTION OF MINUTES 1) Draft May 28, 2013 Council Meeting Minutes Res. (299-2013) Moved by: Councillor Boch Seconded by: Councillor Garvie Resolved that Council adopt the May 28, 2013 Council Meeting minutes, as presented. E. DELEGATIONS - None F. COMMITTEE REPORTS Transportation Services - Councillor Keryluk 1) April 8, 2013 Transportation Services Committee Meeting Minutes Res. (300-2013) Moved by: Councillor Keryluk Seconded by: Councillor Ataman Resolved that Council adopt the April 8, 2013 Transportation Services Committee Meeting minutes, as presented.
Page 2 to June 11, 2013 Council Meeting Minutes 2) April 18, 2013 Public Works Committee Meeting Minutes Res. (301-2013) Moved by: Councillor Keryluk Seconded by: Councillor Ataman Resolved that Council adopt the April 18, 2013 Public Works Committee Meeting minutes, as presented. Building Committee - Councillor Keryluk - No report. Recreation and Culture - Reeve Forfar - A subdivision is not required for the recreation lands at the Airport. Council confirmed 80 acres would be for recreation and that the remaining 20 acres be held for future consideration. Protective Services - Councillor Ataman 1) South Fire Hall - Scott Tanker - The tanker is not worth fixing due to the tank and oil leaks. Discussion ensued regarding the possibility of purchasing a used truck and the costs of it; switching the rescue truck purchase to Clandeboye; shifting equipment between halls; the halls working together; the recent fires and the response to them with water supply. The equipment replacement plan and the budget will need to be reviewed prior to a decision on this matter. - One of the vehicles needs the windshield replace and that will go through Autopac. - The Fire Chiefs personal vehicle was hit by the Selkirk Ambulance at an emergency scene. It is hoped that their Autopac will cover it, if not we will have to look into it. - The Fire Chief asked if the 2004 blue extended cab truck that public works has could be given to them as their yellow truck may have to be replaced. - The parking on River Road is still a problem. A number of the no parking signs have been stolen and new signs will be ordered. The vehicles will have to be tagged and towed. Discussion ensued regarding the service provided by Prairie By-Law; the parking problems; location of sightings of By-Law during shift; quality of reports being submitted; e-mail response and quality of responses; getting e-mails on his phone which was not allowed; the fence issue has never been resolved; not keeping Council informed for issues they bring forward; the need for Saturday and Sunday shifts and that Administration has to regularly provide direction. Administration and the Chair of Protection will meet with Mr. Prud homme of Prairie By-Law to discuss this.
Page 3 to June 11, 2013 Council Meeting Minutes Land Use Planning and Development - Councillor Boch - A meeting was held yesterday and a brief summary of the meeting was given. Administration will set up a meeting with Landmark Planning & Design Inc. - The Planning staff will be reviewing the scope of work for the zoning by-law to the Planning Board this month and to Council next month. It should include the next steps and anticipated costs. Governance and Personnel - Councillor Garvie 1) April 23, 2013 Committee of the Whole Meeting Minutes Res. (302-2013) Moved by: Councillor Garvie Seconded by: Dep. Reeve Krasnesky Resolved that Council adopt the April 23, 2013 Committee of the Whole Meeting minutes, as presented. - Reeve Forfar provided an update on the office union negotiations. - A meeting was held regarding the CAO s employment contract and it will be brought forward for Council s approval. Councillor Garvie vacated his chair at 1:55 p.m. - Discussion ensued regarding the Public Works department staff. Environmental Health - Councillor Hunt 1) April 18, 2013 Environmental Health Committee Meeting Minutes Res. (303-2013) Moved by: Councillor Hunt Seconded by: Councillor Ataman Resolved that Council adopt the April 18, 2013 Environmental Health Committee Meeting minutes, as presented. - Administration to get quotes for installing lights at the landfill sites. - The next Environmental Health Committee meeting is scheduled for June 26. - Discussion ensued on the differences between the two landfill sites with respect to attendant responsibilities and the number of residents using them. - Administration summarized her meeting with Manitoba Environment regarding our landfill sites. - Administration to check on when Operation Red River Cleanup will be occurring and also to request garbage bins north of Lyall along the river.
Page 4 to June 11, 2013 Council Meeting Minutes Finance - Deputy Reeve Krasnesky - No report. Safety Committee - Councillor Keryluk - No report. Res. (304-2012) Moved by: Councillor Ataman Seconded by: Councillor Keryluk Resolved that Council receive the above noted reports on behalf of each committee. G. EXTERNAL COMMITTEE REPORTS Dep. Reeve Krasnesky - Submitted a written report detailing his attendance at the following events: - June 1-3/13 - Attended FCM. - June 10/13 - Attended the AMM June District meeting. Was nominated Chair of the Resolutions committee and will be representing the Interlake at the annual conference. Councillor Keryluk - No report. Councillor Boch - May 31 - June 3/13 - Attended FCM. - June 10/13 - Attended AMM District meeting in Grosse Isle. - And as per indemnity sheet. Reeve Forfar - May 30 - June 3/13 - Attended FCM. Was acclaimed as the Manitoba Director. - June 5/13 - Attended Graduation ceremony at the Lord Selkirk Regional Comprehensive High School. - June 6/13 - Attended the Legislature amendment for the Lake Friendly Accord. Gave a brief report on this event. - June 6/13 - Attended the South Basin Mayors and Reeves executive meeting. - June 7/13 - Attended a meeting with Minister Bjornson and Minister Swan. Provided a brief summary of the meeting. - June 10/13 - Attended the AMM District meeting and got our resolutions through. Councillor Ataman - As per indemnity sheet. - Suggested we be prepared to apply for funding for our sewer project when it becomes available. Reeve Forfar also suggested we look at FCM s Green Fund and gave a brief summary of this program. - Discussion of a new method of renewing septic tanks. Administration will acquire more information on this method.
Page 5 to June 11, 2013 Council Meeting Minutes Res. (305-2013) 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) Netlev Community Centre - June 23, 2013 Annual Picnic - Request Support - Event to be put on the municipal website and silent auction prizes will be provided. 2) Selkirk and District Chamber of Commerce - Business Awards Sponsorship Request Res. (306-2013) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Keryluk Resolved that Council approve a financial contribution in the amount of $500 towards the Selkirk and District Chamber of Commerce s 2nd Annual Business Awards Evening which is being held on October 10, 2013. B. Meetings, Conferences, Conventions and Seminars C. Other 1) Red River North Tourism - Night at the Goldeves Game - June 21, 2013 Res. (307-2013) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman Resolved that Council approve the purchase of 28 Winnipeg Goldeyes Baseball tickets for Red River Tourism s Red River North Night at the Goldeyes Game on June 21, 2013. Tickets to be distributed as follows: 4 tickets for each school in the Rural Municipality of St. Andrews and 4 tickets for each fire hall in the municipality. 2) Selkirk Planning Board - Lloyd Talbot Retirement - June 26, 2013 in Lockport Res. (308-2013) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Boch Resolved that all members of Council be authorized to attend Lloyd Talbot s Retirement Celebration which is being held on June 26, 2013 in Lockport.
Page 6 to June 11, 2013 Council Meeting Minutes Break: 2:30 p.m. Reconvene: 2:45 p.m. Councillor Hunt did not return to the meeting. Information Items As per information items #1-1 9 as listed on the agenda. Res. (309-2013) Moved by: Councillor Boch Seconded by: Councillor Ataman Resolved that Information Items #1-1 9 as listed on the agenda, be received as information, unless otherwise resolved. - Item #19 - Dan Sernyk - Catfish Contest - Sponsorship Request - This contest is part of the Lockport Dam Family Festival and we are already a substantial contributor to it. Request not granted. - Item #9 - Rivers West - Amazing Tree Quest - Pictures should be taken of any trees being submitted. Put this information on our website. I. NOTICE OF MOTION 1) Notice of Motion to Rescind Resolution No. 170-2013 - Councillor Laurie Hunt has given notice of motion to rescind Resolution #170-2013 that reads as follows: Res. (170-2013) Moved by: Councillor Keryluk / Seconded by: Dep. Reeve Krasnesky Whereas the Rural Municipality of St. Andrews has had several meetings with the Village of Dunnottar to discuss amalgamation; and, Whereas the two Councils are working through this process; and, Therefore Be It Resolved that the Rural Municipality of St. Andrews agrees to continue working towards developing a plan o f amalgamation with the Village o f Dunnottar. J. MUNICIPAL ADMINISTRATION 1) High Speed Crow Tower Agreement - Resolution to Sign Res. (310-2013) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Boch Resolved that the signing authorities for the Rural Municipality of St. Andrews are authorized to sign the Tower Agreement with High Speed Crow for the period of January 1, 2013 to December 31, 2017.
Page 7 to June 11, 2013 Council Meeting Minutes 2) Morgan Development Agreement - Resolution to Sign Res. (311-2013) Moved by: Councillor Boch Seconded by: Councillor Keryluk Resolved that the signing authorities for the Rural Municipality of St. Andrews are authorized to sign the development agreement with Mr. & Mrs. Morgan as per condition no. 2 of the approved Conditional Use No. 9-2012. 3) Lockport Dam Family Festival - Licence to Occupy Crown Land - Resolution to Sign Res. (312-2013) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman WHEREAS the Lockport Dam Family Festival will be held on September 13-15, 2013, and; WHEREAS each year the Rural Municipality of St. Andrews signs the Licence to Occupy Crown Land with Public Works and Government Services Canada, on their behalf, and; THEREFORE BE IT RESOLVED that the signing authorities of the municipality agree to sign the document. 4) R. Lywak - Resolution Authorizing Payment - Administration provided an update on this fire and the actions being taken on it. Discussion of equipment and costs ensued. Res. (313-2013) Moved by: Councillor Garvie Seconded by: Dep. Reeve Krasnesky WHEREAS a fire occurred on May 24, 2013 at 553 Oak Hammock Road, and; WHEREAS the South St. Andrews Fire Hall requested aid from local farmers to disk the lands to extinguish the fire, and; THEREFORE BE IT RESOLVED that payment be issued to Randy Lywak for $833.38 and Ed Tomczak for $225.00 for hours spent at the fire and equipment costs. K. BY-LAWS AND POLICIES - None L. OLD/UNFINISHED BUSINESS - None M. NEW BUSINESS - Council authorized the purchase of 16 Red River Carts at $25.00.
Page 8 to June 11, 2013 Council Meeting Minutes Res. (314-2013) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Keryluk Resolved that the signing authorities for the Rural Municipality of St. Andrews are authorized to sign the Tower Agreement with 100% Help Desk Ltd. for the period of January 1, 2013 to December 13, 2017. Res. (315-2013) Moved by: Councillor Ataman Seconded by: Dep. Reeve Krasnesky WHEREAS the Rural Municipality of St. Andrews had prepared for the possible 2013 high water event, and; WHEREAS some properties were prepared with clay diking, sandbags were assembled and the Emergency Operations Center was opened, and; WHEREAS the Rural Municipality of St. Andrews has paid in excess of $55,000, and; THEREFORE BE IT RESOLVED that the Rural Municipality of St. Andrews apply for Disaster Financial Assistance for this preparedness. Res. (316-2013) Moved by: Councillor Keryluk Seconded by: Councillor Boch WHEREAS the province requires a resolution to accompany the Municipal Road Improvement Program Grant Application; AND WHEREAS the following roads have been identified as needing repair and are included in the 2013 budget; THEREFORE BE IT RESOLVED that the Council of the Rural Municipality of St. Andrews submit the attached request to the Province for approval of the Municipal Road Improvement Program Grant Application. BE IT FURTHER RESOLVED that the Council of the Rural Municipality of St. Andrews approves these projects and agrees to fund their portion of the projects. Municipal Road Improvement Program Grant Request 1) a. Street name and limits; Clandeboye Road from PTH 9 to PTH 8-4800 m b. Cross section type; Rural Cross-section 7.4 m c. Proposed surface type; Micro surfacing overlay 7.4 m x 4800 m d. Proposed granular base design; N/A e. Proposed subgrade design; N/A f. Cost breakdown; Clandeboye Road (PTH 9 - PTH 8) Micro Surfacing overlay 4800 m x 7.4 m Mobilize and demobilize 1 $10,000.00 Mill asphalt patch 32 m $15,000.00 Seal cracks 2000 m @ $4.00 $8,000.00
Page 9 to June 11, 2013 Council Meeting Minutes Micro surfacing 36,000 m2 @ $7.00 $252,000.00 Total $285,000.00 2) a) Street name and limits; Petersfield Road from PTH 9 to PTH 8-4800 m b) Cross section type; Rural Cross-section 7.4 m c) Proposed surface type; Micro surfacing overlay 7.4 m x 4800 m d) Proposed granular base design; N/A e) Proposed subgrade design; N/A f) Cost breakdown; Petersfield Road (PTH 9 - PTH 8) Micro Surfacing overlay 4800 m x 7.4 m Mobilize and demobilize 1 $10,000.00 Seal cracks 4800 m @ $4.00 $19,200.00 Micro surfacing 36,000 m2 @ $7.00 $252,000.00 Total $281,200.00 - June 20, 2013 - Blaine Pedersen, MLA for Midland - Rally for Respect. Administration gave a brief summary of the purpose of the event. - June 20, 2013 - Keeping Water on the Land Workshop in Winnipeg. - Discussion of the invoice received from Glenn Plant Trucking & Excavating. Administration to discuss with Public Works Superintendent and then call them and inform them that we have no record of receiving the original invoice and that we are not paying the interest. - Hot Dog day scheduled for July 9th at noon. Res. (317-2013) Moved by: Councillor Boch Seconded by: Councillor Keryluk Resolved that the July 23 and August 27, 2013 Council meetings are cancelled. Res. (318-2013) Moved by: Councillor Ataman Seconded by: Dep. Reeve Krasnesky Resolved that Council move in-camera at 3:05 p.m. to discuss matters related to negotiations. Res. (319-2013) Moved by: Councillor Ataman Seconded by: Dep. Reeve Krasnesky Resolved that Council move out of camera at 3:25 p.m.
Page 10 to June 11, 2013 Council Meeting Minutes Break: 3:25 p.m. Reconvene: 6:00 p.m. Reeve Forfar did not return to the meeting. Councillor Garvie returned to the meeting and has electronically submitted his external committee report detailing his attendance at the following events: - May 30 - June 3 - Attended FCM in Vancouver. - June 5 - Attended Clerical Union negotiations; Selkirk & District Youth Fund meeting and Gerdau Noise Subcommittee. - June 6 - Attended Heritage Centre. N. 6 P.M. - PLANNING AND RELATED DELEGATIONS Derek Eno was present from Selkirk and District Planning Area Board. By-Law 1) By-Law No. 4234 - To Amend Zoning By-Law No. 4066-1st Reading - Derek Eno, Planner, summarized this amendment to allow a planned unit development in the RR zone. Planning has no concerns with this amendment and 1st reading is recommended to initiate the public hearing and circulation to government agencies. Res. (320-2013) Moved by: Councillor Ataman Seconded by: Councillor Keryluk Resolved that Council give first reading to By-Law No. 4234, being a by-law To Amend Zoning By-Law No. 4066, as amended. Conditional Use Applications 1) Conditional Use No. 14-2013 - Nemstow/Feakes - Derek Eno, Planner, summarized this application to allow the operation of a kennel for 10 dogs. Under the Animal Care Act a license is required. The Provincial Vet indicated they will accept applications for a kennel license but due to a shortage of staff the license may not be issued. They are monitoring kennels only on a complaint driven basis. - Dan Bush (445 Liss Rd) - Gave a verbal presentation in opposition to this application. He stated he is opposed as he feels it would be severely damaging to the value of the surrounding properties and extremely hazardous to the health, safety, convenience and welfare of the people residing in the neighbourhood. He further stated the property owner and applicant have not been forthcoming with their intentions. The RM of Tache does not allow housing of pit bulls. They moved to St. Andrews as pit bulls are not banned here. Mr. Bush described an encounter with the applicants dogs. He referred to when the building permit was issued to construct a shed but it is a kennel. He further detailed that he saw they had five dogs which is over the allowable limit; that Mr. Feakes uploaded a video to YouTube showing the dogs; the dogs are allowed to roam unleashed onto neighbours properties where they defecate and mark their territory; they do not clean up after their dogs; voiced concern over a
Page 11 to June 11, 2013 Council Meeting Minutes potential dog attack; voiced concern over the validity of the petition that was submitted by the applicant; if his work requires him to relocate he doesn t want to lose value in his house due to the kennel; local law enforcement officials reveal that pit bulls are the dog of choice of criminal organizations and gang members; stated they should not be subjected to a nuisance or potential health and safety hazard due to an increase in coyote or stray dogs drawn to the neighbour s hobby; should not be prevented from enjoying our property or fear for our safety while on our own property because of a neighbour s hobby; has little faith they will follow their own professed or any other conditions imposed by Council; and they should not be allowed to pursue their ambitions to the detriment of the surrounding community. - Sam Arnt (456 Liss Rd) - E-mail received stating their opposition. They stated they did not receive notice of the meeting. They wish to have a safe, pleasant and unworrisome lifestyle. Should be able to enjoy property without concern over safety. A dog bite or mauling is lasting and disfiguring for the balance of ones life. - Peter Clarke (436 Liss Rd) - Gave a verbal presentation in opposition to the application. The reasons for his objection are: the animals are dangerous and detrimental to the safety, convenience, health or general welfare of himself, his family, other residents, visitors or people working in the area. He feels it would be injurious to his property and to potential development in the area. The reasons for his concerns are: the YouTube video confirming that there are a least four pit bulls there; the kennel is in operation as Blacksmoke Bullies; has heard excessive yelping and barking causing him concern for the animals and also discomfort and annoyance; the building is not being used as a shed but as a kennel; the other municipalities in Manitoba as well as the Province of Ontario have banned pit bulls in their jurisdiction but St. Andrews has not; increase in coyotes in the area which are dangerous; the pit bulls are allowed to roam unleashed; they are allowed to trespass on my property and are encouraged to trespass by chasing and retrieving objects for them onto my property; have found dog feces in my yard; they are being walked off leash on Liss Road; they are allowed to urinate and defecate in the ditches and surrounding area thereby expanding the dogs territory beyond the Owner s property; they have no fencing to contain the dogs; the proposed 1,000 feet of fencing will be inadequate due to no below grade structure to prevent digging under it; the pond is not fenced; refers to an previous un-authorized kennel adjacent to his property to the east and detailed the issues with that kennel; concerned that there would be little or no ability to enforce violations as the applicant is not the property owner; based on several transgressions of the property owner and the applicant there is no assurance that they will honour any rules or by-laws; have children, grand-children and visitors on his property and he fears for their safety; stated that if approved he feels it would encourage other pit bull kennels to locate here; no evidence that the owner or the applicant is a member of an authorized association for the breed or that they have any liability insurance in place; and voiced concern over salability and value of his property with a kennel next door. - Carol Harvey (445 Liss Rd) - Voiced her objection to the kennel due to concern for the safety of her children. She has pictures of the dogs running off leash. - Tyler Feakes (442 Liss Rd) - Applicant - Feels that a nasty picture has been painted of them. He agrees that pit bulls have a stigma but they have not been banned in St. Andrews. There has been no incidents
Page 12 to June 11, 2013 Council Meeting Minutes reported and he has received no complaints. They held an open house to introduce the dogs to the neighbours and it was well attended. There were children at the open house and they were introduced to the dogs and there were no problems. He had three dogs and he now has his Mom s dog so he is one dog over the limit. There will be some breeding done. He detailed the showing of his dogs at the American Bully Kennel Club and what his dog won. He walks his dogs in groups and that is why he does not walk all five at the same time. He stated that he does allow his dogs off leash but they have 400 collars. He has received compliments on his dogs and he is not trying to cause a problem. He requested to be allowed 10 dogs so if he has to take a dog back he can. The fence will surround the pool. Coyotes have been around for upwards of 10 years. He has submitted references from his Vet and the Coach he works with. At the time of construction the kennel was only for three dogs so did not feel there was a need for disclosure. We did overstep the boundaries so that is why he is here. The dogs are loose when he is outside playing with them; there have been no problems with the dogs and the neighbours; he stated he has gone above and beyond for his dogs. He is passionate about his dogs and his intent is not to cause fear, problems or to devalue property. He does have bark collars for the dogs. The petition clearly indicates it is for a kennel operation and we were very clear what we were doing. He felt they disclosed everything, the type of dog, the type of people we are and the type of facility we have. These dogs are not banned here. - They currently have five dogs and have had three litters in four years but only one of them was born at this property. He confirmed that he does have them off leash on the road during the winter. The Province of Manitoba is not performing regular inspections of facilities and will only inspect if a complaint is received and then only for the health and safety of the animals. The pond has the proper slope and fencing is not required for it. - Boris Galic - Veterinarian - Stated some of the best breeds are the pit bull if you want to ban a dangerous dog ban german shepards. A lot of places are rescinding their bans as they are penalizing the breed and not the people responsible. Pit bulls were originally bred as nannies. - Dan Bush (445 Liss Rd) - How much he cares for his dogs does not negate my property values dropping. The bark collars are not always on. The 4 adjacent owners are opposed. The petition should be the original; - Planning stated that they have the original petition in their file and it states it is for a kennel. Further discussion of the petition ensued and all addresses on it were verified except for 409 Liss Road. Res. (321-2013) Moved by: Councillor Garvie Seconded by: Councillor Boch WHEREAS Owner Alexei Nemstow / Applicant Tyler Feakes have made application for Conditional Use No. 14-2013 for the premises described as Lot 3, Plan 39777, 442 Liss Road, To allow a Kennel in the AR Agricultural Restricted Zone. NOW THEREFORE BE IT RESOLVED that Conditional Use No. 14-2013 be hereby approved by Council with the following conditions: 1) Applicant/Owner obtain a business license from the R.M. of St. Andrews office.
Page 13 to June 11, 2013 Council Meeting Minutes 2) Applicant/Owner obtain all required development and/or building permits for any new or altered structures from the Selkirk and District Planning Area Board. 3) Applicant/Owner to obtain Provincial License for a Kennel as per The Animal Care Act. 4) Operation be limited to no more than 10 dogs at any one time. Variation Orders 1) Variation Order No. 50-2013 - Voqiatnakis Defeated. - Derek Eno, Planner, summarized this application to allow an oversize existing structure to remain. It was constructed without a building permit and is for personal storage only. Res. (322-2013) Moved by: Councillor Ataman Seconded by: Councillor Keryluk WHEREAS Owner/Applicant Peter Vogiatnakis has made application for Variation Order No. 50-2013 for the premises described as Lot 5, Block 1, Plan 36136, 9 Byle Drive, To vary from: To proposed: Land Use Zoning: RR Rural Residential Zone St. Andrews Zoning By-Law No. 4066 Accessory: maximum 1200 sq. ft. maximum 1900 sq. ft. To allow existing structures to remain. NOW THEREFORE BE IT RESOLVED that Variation Order No. 50-2013 be hereby approved by Council with the following conditions: 1) Applicant/Owner obtain all required permits from the Selkirk and District Planning Area Board. 2) This variance is limited to the accessory structure as proposed within this application, and does not apply to any future additions, alterations or replacement of subject accessory structure. Subdivisions 1) Proposed Subdivision No. S12-2432 - Heatherdale Developments Inc. - Derek Eno, Planner, summarized this application for a 22 lot subdivision with frontage on Rossdale Road. They propose a secondary access at the junction of Donald Road and Mirecki Road. The proposal is in keeping with the intent of the Development Plan and the Zoning By-Law. Approval is recommended with conditions. - R. Miller & L. Herous (543 Church Rd) - For information only.
Page 14 to June 11, 2013 Council Meeting Minutes - Walter Cwik (6 Rossdale Rd) - Opposed to the development. He did attend the open house held by the Developer. Voiced concern over raising the roads to contain the water. The natural drainage runs through his property and he understood that no one was allowed to cause water damage to another s property. He has not seen much drainage work done in the area by the municipality over the years. He was informed that the Developer s would be required to do the work and it would be reviewed by the municipal engineer. - B. Galic (20 Rossdale Rd) - For information only. - B. Clark (33 Rossdale Rd) - For information only. - Jessica Manness - Barnes & Duncan - They have done a drainage study and have worked with the municipal engineers on it. Drainage along Church Road is included in the drainage plan. If there is a problem with the engineering the engineer s stamp is like a guarantee and they are assuming liability. - J. Jablonski (266 Parkdale Rd) - Was informed that the stamp is specific to an engineer not a firm and Engineers belong to an association and have insurance. Further discussion of engineer s stamps and liability coverage ensued. - Betty Jagodnik (553 Church Rd) - Have drainage issues at my property and voiced her skepticism that drainage work would get done. Inquired if there was any way to ensure the drainage is done before the development. She commented that there are two creek beds. She noted that the road is not correctly located and that she owns 10 feet into the ditch. She was informed that the Developer would be responsible for the drainage and the municipality would have to deal with the 10 feet in regards to the road. - Cal Edie - Developer - The drainage plan was designed by Barnes and Duncan and has been submitted to Stantec the municipal engineer for approval; they requested some changes which were made and they signed off on it. The drainage work on Church Road would be done first. - The roads in the development would not be higher than the other roads. The intent is that no additional water is to be directed to the ditches and there are calculations done to determine how much water has to be retained on the development. Wells are licensed through the Province and they have a calculation for the aquifer. Res. (323-2013) Moved by: Councillor Keryluk Seconded by: Councillor Boch Resolved that Proposed Subdivision No. S12-2432 (Heatherdale Developments Inc.) be hereby approved by Council with the following conditions: 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.
Page 15 to June 11, 2013 Council Meeting Minutes 3) Applicant/Owner obtains zoning variances as required. 4) If required, applicant/owner obtains: a) Joint easement agreement for existing and/or future Centra Gas/Hydro facilities and MTS associated with the subdivision; b) Plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act. 5) Applicant/Owner complies with Regulation MR 83/2003. 6) Applicant/Owner submits a drainage plan for approval by the municipality. 7) Applicant/Owner enters into a Development Agreement with the municipality to address issues including, but not limited to, land drainage, land dedication and/or contribution to future road access to the south neighbouring properties, cul-de-sac and road development, driveway and building site placement, and other development standards. All expenses relating to the preparation of the development agreement to be borne by the applicant/owner. 2) Proposed Subdivision No. S12-2462 - Tinnev Defeated. - Derek Eno, Planner, summarized this application for a 42 lot subdivision with frontage onto Gimli Road. The property has recently been rezoned to Seasonal Residential. This application has been circulated to government agencies. He reviewed road access options and the need for a stub road for future development of adjacent property. The application is in keeping with the intent of the Development Plan and the Zoning By-Law. Zoning variances is required for the site width of some lots. Approval with conditions is recommended. - Sheila Spooner (22 Deaconia St.) - Opposed - voiced concern over having several properties backing onto her property; she is distressed over this subdivision and is concerned over drainage; her land has only drained properly in the last 8 or 9 years due to the municipality constructing a front and side ditch; her written presentation at the last meeting was read into the minutes; voiced further concern over community, children s safety, increased traffic, privacy fencing; tranquility of the area and who will pay for the roads and services. She was informed that an engineered drainage plan would be required and that the Developer would pay for the new roads and services. - Ericka Kupchak (192 Lenore St., Wpg.) - Opposed - She stated she spends a lot of time at Sheila s and voiced concern over the number of abutting that would abut Sheila s property; increase noise level and what will happen to the forest and wildlife. - Joan Stinson (721 Atlantic Ave., Wpg.) - Opposed - She concurs with the concerns raised by Sheila Spooner regarding noise, water levels and also concerned over an increase in the number of dogs. - Jamie Lillie (301-35 Edmonton St., Wpg.) - Opposed - He is concurs with what has already been said and voiced concerned over 42
Page 16 to June 11, 2013 Council Meeting Minutes neighbours and feels the development doesn t fit with character of the area. - Susan Chambers (Box 333, Matlock) - She operates the Matlock store and supports this application. She stated that if the area does not progress then we will not have the Post Office, and store. This development will benefit the trades in the area and bring in some permanent residents. We own property in the area and you have said that this would be of no cost to us so I am not opposed. - Fencing would help with privacy and it could be a condition of the development agreement as well as you can limit the building location and the number of trees to be removed or require additional landscaping. Development is going to happen at this point we can apply conditions that would help to make it palatable to area residents. An engineered drainage plan would be required for the area. Access does not have to be via Deaconia which would alleviate traffic concerns. - Dale and Sean Tinney - (2560 Gimli Rd) - Developer - There would only be four lots abutting Mrs. Spooner s property; the area is fully treed and it could be a condition to leave a treed area there. The municipality owns a strip of land for drainage to the ditches. Alternate accesses have been proposed but if Council wants Deaconia Street opened we would have to do it. This is a natural flow of development. This is a great opportunity for Matlock to expand. - Brief discussion of the strip of municipal land for drainage. The Developer would build the roads and dedicated them to the municipality. Fencing could be looked at. Don t think opening of Deaconia Street is necessary if there are two accesses from Gimli Road. The stub roads are to be built but barricaded and the roads are to be chip sealed. Res. (324-2013) Moved by: Councillor Boch Seconded by: Councillor Keryluk Resolved that Proposed Subdivision No. S12-2462 (Tinney) be hereby approved by Council with the following conditions: 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, as proposed, including lot area and width calculations, and confirmation that Crown Land is not part of the proposal. 3) Applicant/Owner obtains zoning variance, as required. 4) Applicant/Owner provide an engineered drainage plan for review and approval by the municipality. 5) If required, applicant/owner obtains: a) Joint easement agreement for existing and/or future MTS/Shaw and Manitoba Hydro facilities associated with the subdivision;
Page 17 to June 11, 2013 Council Meeting Minutes b) Plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act. 6) Prior to beginning any construction of any water control work, the proponent is required to submit an application for a Water Rights Licence to Construct Water Control Works, including the submission of an engineered drainage plan, signed and stamped by a qualified Professional Engineer, registered with the Association of Professional Engineers and Geoscientists of the Province of Manitoba. Contact William Weaver, Environmental Review Officer (Manitoba Conservation / Water Stewardship) at (204) 945-6395. 7) If required, applicant/owner enters into a Development Agreement with the municipality to address issues including, but not limited to, drainage, development of municipal infrastructure, roadways, chip sealing, construction of stub roads with barricades, fencing, trees, landscaping, building locations and two accesses off Gimli Road and other development standards. Res. (325-2013) Moved by: Councillor Boch Seconded by: Councillor Ataman Resolved that the June 11, 2013 Council meeting be extended to 8:30 p.m. as required by the Procedures By-Law No. 4158. 3) Proposed Subdivision No. S12-2463 - 6017622 Manitoba Ltd. - Derek Eno, Planner, summarized this application for an industrial/business park comprising of approximately 70 lots. The property fronts onto McPhillips (Hwy. #8) and Parkdale Road. The lots will have frontage only on the newly created roads within the subdivision. This application is generally in keeping with the intent of the Development Plan, St. Andrews Airport Secondary Plan and the Zoning By-Law. Some variances will be required for minimum lot size. MIT has objected to the access location off Parkdale Road. Planning feels that the proposed location is in conformance with the secondary plan but states that more engineering is required. Provided that the applicant completes further detailed work to address MIT s concerns and entered into a development agreement, approval is recommended. - John Jablonski (266 Parkdale Rd) - Asked for clarification of the proposal and access roads. The secondary plan shows possible road connections for future developments. There would be a future access north onto Parkdale Road when the property to the east comes forward and want to develop. - Mr. Futros (288 Parkdale Rd) - Opposed - Feels only one road for 70 lots is not sufficient and that there should be at least two accesses. Voiced concern over 70 wells and how that will affect his water. He felt that Planning and Council should have met with him as it will affect him more. The PTH #27 access is the lynch pin and dual entrances should be considered. Further discussion ensued regarding access, MIT s
Page 18 to June 11, 2013 Council Meeting Minutes comments and requirements; stub road for future; intersection improvements; review of the process and the opportunity for comments to be made; and possibly using the west access temporarily however MIT wants some access roads taken out in the future. - Roger Gadd - St. Andrews Airport - Commented that he has not been consulted and that there may be conditions related to this development. He was informed Council representatives for the Airport have been kept updated on the development. Also the Airport and representatives were involved in the secondary plan and they received notices for the rezoning and the subdivision applications. - There were water studies done and there are no issues. The secondary plan addresses that. - Al Bakker (5505 Hwy. #9) - Opposed - Voiced concern over heavy equipment using the service road as it will not take that kind of traffic. He suggests using a bridge access and asked about holding tanks. He was told this area requires holding tanks only. - Al Degner - Pollock & Wright - He commented that MIT does not want a public reserve for emergency access. Some of the roads proposed are oversized to allow for a turnaround. They will have to put in the intersection as MIT directs. Res. (326-2013) Moved by: Councillor Garvie Seconded by: Councillor Boch Resolved that Proposed Subdivision No. S12-2463 (6017622 Manitoba Ltd.) be hereby approved by Council with the following conditions: 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, as proposed, including lot area and width calculations, and confirmation that Crown Land is not part of the proposal. 3) Applicant/Owner to obtain required approvals from The Highway Traffic Board for change in land use and/or construction within the highway control area. Contact Michelle Slotin at (204) 945-6764. 4) Applicant/Owner submit plans that identify any required roadway and/or intersection upgrades to PTH #27 for review and approval by the R.M. and Manitoba Infrastructure and Transportation. 5) Applicant/Owner obtains zoning variance, as required. 6) Applicant/Owner provides an engineered drainage plan for review and approval by the Rural Municipality of St. Andrews. 7) If required, applicant/owner obtains:
Page 19 to June 11, 2013 Council Meeting Minutes a) Joint easement agreement for existing and/or future MTS/Shaw and Manitoba Hydro/Centra Gas facilities associated with the subdivision; b) Plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act. 8) If required, applicant/owner enters into a Development Agreement with the municipality to address issues including, but not limited to, drainage, development of municipal infrastructure, municipal roadways, intersection improvements, cost recoveries, green space, a second temporary access for emergencies until future development occurs as per the St. Andrews Airport Secondary Plan, the incorporation of sustainable development practices and other development standards. The cost of preparing a Development Agreement shall be borne by the applicant. 4) Proposed Subdivision No. S13-2492 - Matic/Tomczak - Derek Eno, Planner, summarized this application for a three lot subdivision of which the smaller lots will have frontage on PTH #9 and the larger lot will have frontage on the proposed extension of Walter Street. The Development Plan requires that proposals must be reviewed on the basis of the anticipated outcome of the secondary plan therefore the proposal should include a ROW of the extension of Walter Street which will alter the subdivision to a 4 lot subdivision and provide for an active transportation corridor along PTH #9 via an easement. Also that an easement be established extending from the PTH #9 property boundary east to the larger residual lot for a future connection for municipal infrastructure servicing. This easement could also be used as a temporary construction road should the larger rear lot be developed. Approval is recommended. - Roger & Cilla Gadd (326 River Rd) - Inquired how this development fits in with the plans for the area. He commented that it is important that W alter Street be extended and that drainage be addressed. - Al Bakker (5505 Hwy. #9) - Requested clarification of the proposal, if the septic field would be removed, and where the post office boxes would be going. He was informed that the Province was responsible for septic under the Onsite Waste Water Management and it is a condition that he comply with the regulations. Canada Post did receive notice of this and no comments have been received from them. MIT is requiring one access. Discussion of access; Walter Street extension in keeping with the proposed Secondary Plan; and drainage. - Kurt Tomczak (5515 Main St.) - Developer - Commented this is a simple subdivision and he is not aware of any water issues. He was informed that a drainage study would be required as a condition. Res. (327-2013) Moved by: Councillor Keryluk Seconded by: Councillor Garvie Resolved that Proposed Subdivision No. S13-2492 (Matic/ Tomczak) be hereby approved by Council with the following conditions:
Page 20 to June 11, 2013 Council Meeting Minutes 1) Applicant/Owner submits confirmation in writing from the Chief Administrative Officer 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 plan of survey, including lot area and width calculations, and confirmation that Crown Land is not part of this proposal. 3) Applicant/Owner to obtain required approvals from The Highway Traffic Board for a shared access onto PTH #9, and removing a redundant field crossing at the north property limit. Contact Michelle Slotin at (204) 945-6764. 4) Applicant/Owner submits a drainage plan for approval by the municipality. 5) Applicant/Owner obtains: a) A Grant of Easement with Manitoba Hydro for future and/or existing Hydro facilities; b) Grant of Easement to be prepared by a Manitoba Land Surveyor as required by The Real Property Act. 6) Applicant/Owner comply with MB Regulation 83/2003, Onsite Waste W ater Regulations. 7) Applicant/Owner enters into a Development Agreement with the municipality to address issues including, but not limited to, land drainage, land dedication for a future roadway extension of Walter Street, provision of easements for an Active Transportation route along PTH #9, provision of an easement for future municipal services and/or temporary construction road access, and other development standards as required by the R.M. All expenses relating to the preparation of the development agreement are to be borne by the applicant. Planning - Miscellaneous - None
Page 21 to June 11, 2013 Council Meeting Minutes O. ADJOURNMENT Res. (328-2013) Moved by: Councillor Boch Seconded by: Councillor Ataman Resolved that the Council meeting be adjourned at 8:30 p.m.