Regular Council Meeting Agenda 2009-06-08 13-30

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Regular Council Meeting Agenda 2009-06-08 13-30 Powered By Docstoc
					                                        ADOPTED MINUTES
                                OF THE REGULAR COUNCIL MEETING
                                   OF THE TOWN OF OKOTOKS
                              HELD ON WEDNESDAY, JUNE 10, 2009
                            IN THE TOWN OF OKOTOKS FIRE STATION




 COUNCIL PRESENT                Mayor McAlpine
                                Councillor Clark
                                Councillor Kish
                                Councillor Lewis
                                Councillor Robertson
                                Councillor Sands
                                Councillor Wilson

 STAFF PRESENT                  Rick Quail, Municipal Manager
                                Susan Laurin, Community Services Manager
                                Louise Wasylenko, Financial Services Manager
                                Linda Turnbull, Municipal Secretary

 PRESS PRESENT                  Ashley Morgan –The Eagle 100.9/AM1140
                                Don Patterson – Western Wheel


Mayor McAlpine called the meeting to order at 1:32 p.m.

Councillor Lewis introduced the following elected officials attending the meeting from
Sackville, New Brunswick: Robert Berry, Deputy Mayor and Bruce Phinney,
Councillor.

A     AGENDA
A.1   Additions / Deletions / Changes
A.2   Adoption

Additions:
Attachment to MM Report:
Correspondence from Mayor McAlpine to MD of Foothills dated June 9, 2009

J.1.d Laurie Hodson – June 10, 2009
Re: Citizen Groups United for Sustainable Development in Southern Alberta

J.2.a Letter from Louise Wasylenko, Financial Services Manager to Robert Frame
dated June 4, 2009
Regular Council Minutes (Adopted)    (June 10, 2009)                   PAGE 2 of 14




N.1 Motion re: Notice
Written copy of Motion re: Plebescite provided by Councillor Clark

09.C.292      By Councillor Sands that the agenda be adopted as amended.
                                                                Carried Unanimously

B      MINUTES OF PREVIOUS MEETING(S)

B.1    Regular Council Minutes - May 25, 2009

09.C.293
MOTION:       By Councillor Wilson that the minutes of the Regular Council Meeting
              held May 25, 2009 be adopted as amended. (Insert Motion 09.C.272
              after Deputy Mayor Clark assumed the chair at 3:09 p.m. on page 5 and
              delete the words “Notice of” under Section M on page 15).
                                                                  Carried Unanimously

C      MUNICIPAL MANAGER’S REPORT

Rick Quail, Municipal Manager, reviewed the report containing the following issues:
   • Assessment Services
   • Corporate Communications
   • Operations
   • Financial Services

The Municipal Manager provided information verbally on the correspondence dated
June 9, 2009 from Mayor McAlpine to the MD of Foothills regarding the Sandstone
Springs Area Structure Plan.

09.C.294
MOTION:       By Councillor Sands that the Municipal Manager's Report #11-09 be
              received as information.
                                                                Carried Unanimously

D      COUNCILLOR INQUIRIES

Councillor Robertson inquired if the Town works in conjunction with the schools
regarding gopher control since the town parks are often adjacent to school fields, and
there are gophers in the school fields. He indicated that it seems fruitless to control
gophers on Town property if they are not also controlled at the schools fields. He
noted that there are gophers at the school fields of Okotoks Junior High School and
Percy Pegler School.
Regular Council Minutes (Adopted)     (June 10, 2009)                   PAGE 3 of 14


Councillor Clark requested information from Administration regarding an update on the
status and methodology used by the Town to determine what areas are sprayed for
weeds (i.e. do we sample all Town property to determine what needs to be sprayed)?

Councillor Kish inquired whose responsibility it is to ensure completion of the final
occupancy inspection of new homes. She indicated that Crossley Custom Homes has
indicated they were asked by the Town to provide final occupancy inspections for
approximately 35 homes, some of which are into their third owners. She also inquired
if the Town is aware of other builders who are in the same situation. Councillor Kish
also requested information on any implications to the New Home Warranty Program
(which stipulates a one year time period from the purchase date for a final inspection) if
the final occupancy inspection is not completed.

The Municipal Manager advised verbally that Crossley Custom Homes is the single
builder with the most outstanding final report requirements in the Town. He advised
that the responsibility for the final occupancy inspection rests with the home builder,
and that it is the builder’s responsibility to notify the Town that the home is ready for
inspection, and that this responsibility carries forward notwithstanding multiple owners.
He advised that recently Crossley has taken a positive approach to this matter and has
advised the homeowners in the 35 homes of the need for a final inspection. He
advised that the Town is achieving good cooperation in obtaining access to the homes
to complete the final inspections. The Municipal Manager advised that a written
report will be provided for the June 22 meeting.

Councillor Sands provided information on a resident inquiry regarding property
assessments relating to properties in the Dakota Sky Ranch. Councillor Sands
advised that in some cases there are large variances in the assessments, even though
the properties appear to be very similar. He requested that Administration explain how
there can be such large differences in the property assessments?

The Municipal Manager advised verbally that residents with assessment concerns are
encouraged to contact the Town’s assessment department to discuss their concerns.
He advised that the Town uses a Market Value approach, using mass appraisals and
that not every individual house is appraised individually. He provided information on a
review of assessments in the Drake Landing Solar Community, which contained 52
homes with 5 house models. There were wide variances in assessment, which were
due to factors such as differences in completed square footage, upgrades, etc.

Councillor Clark requested an update on a previous inquiry regarding a stop sign
knocked down in the Safeway parking lot. He requested that Administration ensure
that the developer has been requested to put the sign back up, and that there are strict
timelines put on the sign replacement. He also inquired about the Town’s liability if the
land owner does not replace the sign.
Regular Council Minutes (Adopted)    (June 10, 2009)                  PAGE 4 of 14


Councillor Clark requested an update on a motion passed at a previous Council
meeting requesting that the Public Safety and Security Committee analyze and make a
recommendation on the practicality of establishing a zero tolerance policy on speed
enforcement in school zones.


E      DELEGATIONS / QUESTION PERIOD BY THE PUBLIC
       (3:00 P.M. or as otherwise agreed by Council)

E.1    Representatives from ACE Okotoks

Tracey Morgan, Shari Gustafson and Mark Rowed, representing ACE Okotoks,
presented information to Council on a request for a proclamation for Neighbour Day in
Okotoks.


Break at 3:41 p.m. Reconvene at 3:46 p.m.


F.1    STATUTORY/ NON STATUTORY HEARING(S)
       None


F.2    BYLAWS / BUSINESS RELATED TO HEARING(S)
       None


G      BUSINESS

G.1    Okotoks Off Leash Dog Park

Susan Laurin, Community Services Manager, reviewed the report containing the issue
that an update of the status of the Okotoks Off-Leash Area is provided to Council and
approval for the rules of the Okotoks Off-Leash Area is required.


MOTION:       By Councillor Sands that Council endorse the Okotoks Off Leash Area
              rules and approve in principle the formation of an Okotoks Off-Leash
              Area Citizens Advisory Group and direct Administration to draft the terms
              of reference for the Advisory Group.


AMENDED
MOTION: By Councillor Wilson that Clause 8 of the Okotoks Off Leash Area Dog
        Park Rules (and accompanying brochure) to amended as follows:
        “Children under the age of 14 must be accompanied by an adult.”
Regular Council Minutes (Adopted)    (June 10, 2009)                    PAGE 5 of 14


09.C.295
AMENDMENT
TO
AMENDMENT:           By Councillor Lewis that motion be amended to change the age in
                     Clause 8 to 12.
                                                                        Defeated

09.C.296
AMENDED
MOTION:              By Councillor Wilson that the motion be amended to revise Clause
                     8 of the Okotoks Off Leash Area Dog Park Rules (and
                     accompanying brochure) to read as follows:
                     “Children under the age of 14 must be accompanied by an adult.”
                                                                 Carried Unanimously

09.C.297
AMENDED
MOTION:              By Councillor Wilson that the motion be amended to revise Clause
                     11 of the Okotoks Off Leash Area Dog Park Rules to include a
                     reference to ensure clear identification in the rules, brochure, or
                     policy of certification bodies which will be acceptable to the Town.
                                                                      Carried Unanimously

09.C.298
MAIN MOTION
AS AMENDED:          By Councillor Sands that Council endorse the Okotoks Off Leash
                     Area rules, as amended in Clause 8 and Clause 11, and approve
                     in principle the formation of an Okotoks Off-Leash Area Citizens
                     Advisory Group and direct Administration to draft the terms of
                     reference for the Advisory Group.
                                                                    Carried Unanimously

G.2    2009 / 2010 RCMP Performance Plan

S/Sgt. Wade Sparks, Okotoks RCMP, reviewed the report containing the issue that an
RCMP Performance Plan is presented to Council for information on an annual basis.

09.C.299
MOTION:       By Councillor Wilson that the Okotoks RCMP 2009/2010 Annual
              Performance Plan with particular focus on vandalism, traffic, domestic
              violence and drugs be received as information.
                                                                 Carried Unanimously
Regular Council Minutes (Adopted)    (June 10, 2009)                   PAGE 6 of 14


G.3    Request for Parking Controls on Elizabeth Street West

Tim Stobbs, Municipal Enforcement Team Leader, reviewed the report containing the
issue that the Royal Bank relocated to Elizabeth Street West and Northridge Drive and
the current parking situation causes significant safety concerns for those entering or
exiting the Sud’s Carwash and denies front street access to residences west of the
Royal Bank.

09.C.300
MOTION:       By Councillor Lewis that:

   1. “No Parking” signs be erected on the south side of Elizabeth Street west of
      Northridge Drive to prohibit parking from the exit west of the carwash building to
      the corner of Northridge Drive.
   2. “No Parking” signs be erected on the north side of Elizabeth Street west of
      Northridge Drive to prohibit parking from Northridge Drive to the entrance to the
      Royal Bank parking lot.
   3. “30 Minute Parking” signs be erected on Elizabeth Street west of Northridge
      Drive between the entrance to the Royal Bank parking lot and the exit on the
      west side of the Royal Bank building.
   4. Permit Parking Only” be instituted from 0800 – 1700 weekdays on the north side
      of Elizabeth Street west of Northridge Drive from the west exit of the Royal Bank
      to the intersection of Lauden Avenue. This will affect the residences from 150 –
      186 Elizabeth Street.
   5. The costs associated with the installation of the signs be charged to the Royal
      Bank property owner.
                                                                   Carried Unanimously


G.4    Public Safety and Security Committee Recommendation to Council Regarding
       Speeds in Residential Areas

Tim Stobbs, Municipal Enforcement Team Leader, reviewed the report containing the
issue that at a recent meeting, the Public Security and Safety Committee endorsed a
recommendation that Council consider implementing the creation of universal speed
reduction zones in residential neighborhoods to 40 km/h.

09.C.301
MOTION:       By Councillor Robertson that Council approve in principle the
              implementation of 40 km/h speed reduction in residential areas within the
              Town of Okotoks excepting the areas that are currently designated at a
              speed lower than 40 km/h; and

              That Administration undertake a review of present speed controls
              throughout the Town and identify all roadways that would not be subject
              to speed reduction controls, and
Regular Council Minutes (Adopted)        (June 10, 2009)                 PAGE 7 of 14


                 That Administration report back to Council with detailed maps and
                 associated costs.
                                                                      Carried Unanimously


G.5        Child Care Facilities on School Sites

Wendy Cardiff, Development Planner, reviewed the report containing the issue
questioning if Child Care Facilities should be added as a use in the Public Service
District to allow for this use on school sites.


09.C.302
MOTION:          By Councillor Robertson that:

   1. All School Divisions operating within the Town of Okotoks be advised that:

              a) programs operating within Okotoks schools shall be in compliance with
                 the provisions of the School Act (RSA 2000), Alberta Education Policy
                 and the Town of Okotoks Land Use Bylaw; and

              b) Before and After School Care provided by a school authority on school
                 days for students attending school(s) on the school site be considered
                 within the scope of “school” as defined in the Land Use Bylaw; and

      2.     The Joint Use Coordinating Committee meet to discuss utilizing school
           space for child care facilities.
                                                        Carried Unanimously


G.6        MD Referral Regarding Proposed Minor Home Occupation

Colin Gainer, Planning Intern, reviewed the report containing the issue that a referral
has been received from the MD of Foothills proposing a minor home occupation on a
Country Residential parcel adjacent to Highway 2A just north of Town boundaries. The
parcel is legally defined as Lot 2, Block 3, Plan 921 0297 within NE ¼ Sec 5-21-29-
W4M and is within the MD of Foothills/Town of Okotoks Intermunicipal Development
Plan [IDP] commercial referral area.

09.C.303
MOTION:          By Councillor Wilson that the MD of Foothills be advised that Town of
                 Okotoks Council has no objection to the proposed minor home
                 occupation in principal but is concerned with this business evolving
                 beyond the scope of a home occupation.
                                                                       Carried Unanimously
Regular Council Minutes (Adopted)    (June 10, 2009)                   PAGE 8 of 14




H      FINANCE
       No Items


I      BYLAWS

I.1    Bylaws 27-09 and 28-09
       Bylaws to amend the Land Use Bylaw

       These bylaws are ready for first reading only.

Steve Hanhart reviewed the report containing the issue that an application has been
received to amend the Town of Okotoks Land Use Bylaw (LUB) in order to add Studio
Suites as a discretionary use to the Residential Mixed Dwelling District (R-MD).
Allowing studio suites in the R-MD district may be an appropriate measure to provide
more affordable housing options for Town residents.


09.C.304
MOTION:       By Councillor Wilson that Bylaw 27-09, being a bylaw to amend the Land
              Use Bylaw (40-98), be read a first time.
                                                                              Carried


09.C.305
MOTION:       By Councillor Wilson that Bylaw 28-09, being a bylaw to amend the Land
              Use Bylaw (40-98), be read a first time.
                                                                              Carried


I.2    Bylaw 07-09
       Louise Wasylenko, Financial Services Manager, reviewed the report containing
       the issue that Bylaw 07-09 authorizes rates of taxation to be levied against
       certain assessable properties as ordered by the Lieutenant Governor in Council
       dated May 10, 2000, November 26, 2003, and August 27, 2008, for the 2009
       taxation year. This bylaw is ready for three readings.


09.C.306
MOTION:       By Councillor Sands that Bylaw 07-09, being a bylaw to authorize rates
              of taxation to be levied against certain assessable properties as ordered
              by the Lieutenant Governor in Council dated May 10, 2000, November
              26, 2003, and August 27, 2008, for the 2009 taxation year, be read a first
              time.
                                                                    Carried Unanimously
Regular Council Minutes (Adopted)    (June 10, 2009)                   PAGE 9 of 14




09.C.307
MOTION:       By Councillor Robertson that Bylaw 07-09, being a bylaw to authorize
              rates of taxation to be levied against certain assessable properties as
              ordered by the Lieutenant Governor in Council dated May 10, 2000,
              November 26, 2003, and August 27, 2008, for the 2009 taxation year, be
              read a second time.
                                                                    Carried Unanimously


09.C.308
MOTION:       By Councillor Wilson that authorization be given to read Bylaw 07-09,
              being a bylaw to authorize rates of taxation to be levied against certain
              assessable properties as ordered by the Lieutenant Governor in Council
              dated May 10, 2000, November 26, 2003, and August 27, 2008, for the
              2009 taxation year, a third time.
                                                                     Carried Unanimously


09.C.309
MOTION:       By Councillor Clark that Bylaw 07-09, being a bylaw to authorize rates of
              taxation to be levied against certain assessable properties as ordered by
              the Lieutenant Governor in Council dated May 10, 2000, November 26,
              2003, and August 27, 2008, for the 2009 taxation year, be read a third
              time and passed.
                                                                   Carried Unanimously


I.3    Bylaw 30-09
Louise Wasylenko, Financial Services Manager, reviewed the report containing the
issue that the purpose of Bylaw 30-09 is to amend Bylaw 38-08, The Fees, Rates and
Charges Bylaw, to reduce the maximum units of refuse collected weekly from 3 units to
2 units. This bylaw is ready for first reading only.

09.C.310
MOTION:       By Councillor Kish that Bylaw 30-09, to amend Bylaw 38-08, The Fees,
              Rates and Charges Bylaw, to reduce the maximum units of refuse
              collected weekly from 3 units to 2 units, be read a first time.
                                                                              Carried
Regular Council Minutes (Adopted)   (June 10, 2009)                 PAGE 10 of 14




J      CORRESPONDENCE

J.1    Information

J.1.a Don Orr, President, The Royal Canadian Legion (AB-NWT Command)
      - June, 2009
      Re: Military Service Recognition Book

J.1.b Udo Adam, President, Okotoks Rotary Club - May 28, 2009
      Re: Letter of appreciation

J.1.c Laurie Hodson - June 4, 2009
      Re: Calgary Metropolitan Plan

J.1.d Laurie Hodson – June 10, 2009
      Re: Citizen Groups United for Sustainable Development in Southern Alberta

09.C.311
MOTION:       By Councillor Robertson that correspondence Items J.1.a to J.1.d be
              received as information.
                                                                Carried Unanimously

J.2    Action

J.2.a Rob Frame - June 1, 2009
      Re: Utility bill
09.C.312
MOTION:     By Councillor Kish that correspondence Item J.2.a be referred to
            Administration for response, as per the letter provided by Administration.
                                                                  Carried Unanimously

J.2.b Tracy Morgan, ACE Okotoks - June 10, 2009
      Re: Request for Neighbour Day Proclamation

09.C.313
MOTION:       By Councillor Lewis that July 19, 2009 be proclaimed Neighbour Day in
              Okotoks, and that the proclamation be posted on the Town's website.
                                                                  Carried Unanimously
Regular Council Minutes (Adopted)    (June 10, 2009)                  PAGE 11 of 14


K      BOARD AND COMMITTEE MINUTES

K.1    Economic Development Committee - May 17, 2009
K.2    Okotoks Culture, Parks and Recreation Committee - May 26, 2009
K.3    Municipal Planning Commission - May 21, 2009
K.4    River Valley Committee - May 13, 2009


09.C.314
MOTION:       By Councillor Clark that the minutes of the Economic Development
              Committee meeting dated May 17, 2009; the Okotoks Culture, Parks and
              Recreation Committee dated May 26, 2009; the Municipal Planning
              Commission dated May 21, 2009 and the River Valley Committee dated
              May 13, 2009 be received as information.
                                                                 Carried Unanimously


L      COUNCIL REPRESENTATIVE REPORTS

Councillor Sands provided information on a webinar hosted by REEEP, the Renewable
Energy and Energy Efficiency Partnership. He also provided information on an
invitation from the Foothills Foundation to the grand opening of Parkside House, an
addition to Medicine Tree Manor in High River, on June 19 from 2 – 4 p.m.

Mayor McAlpine provided information on correspondence from the Honourable Cindy
Ady, Minister of Tourism, inquiring if the Town would be interested in hosting the 2012
Alberta Summer Games. Mayor McAlpine advised that we could not host the Games
because it has been less than 10 years since Okotoks was the host community.

Councillor Kish provided information on her attendance at the May 30 Burundi Dinner
hosted by the Okotoks Rotary Club, a June 9 United Way committee meeting; the
Seniors Tea; and the Sheep River Health Trust Annual General Meeting.

Mayor McAlpine, and Councillors Robertson, Wilson and Lewis reported on their
attendance at the Federation of Canadian Municipalities conference in Whistler, BC
from June 4-7.


M      NOTICES OF MOTION
Regular Council Minutes (Adopted)       (June 10, 2009)                      PAGE 12 of 14




N       MOTIONS RE: NOTICES

The following motion was introduced by Councillor Clark as per his Notice of Motion at
the May 25, 2009 Regularly Scheduled Council Meeting:

09.C.315
MOTION:          By Councillor Clark that

WHEREAS the Municipal Government Act, R.S.A. 2000, Chapter M-26, and
amendments thereto, provides that a Council may provide for the submission of a
question to be voted on by the electors on any matter over which the municipality
has jurisdiction;

WHEREAS, there are significant differences between the Legacy Plan and the
Moderate Grown Management Strategy including but not limited to:
                                                                           Moderate Grown
                                     Legacy Plan                           Management Strategy
General Element:
Environmental Stewardship            Living within the Carrying Capacity   Sub Regional Water
                                     of the Sheep River                    Solutions

Fiscal Responsibility                2030 Plan                             Unknown

Growth Management Plan Elements
Clear targets negotiated in          Town achieved locally                 Town and CRP achieved in
Advance                                                                    regional role

Annexation Requirements              Approx. 290 acres                     Approx. 1,400 acres

Density Target                       4 units per acre                      8 to 10 units per acre

Comprehensive community              Meets Legacy Plan and some            Incorporates majority of
plan                                                                       CRLUP objectives


WHEREAS, the Council deems it desirable to undertake further consultation with
residents to consider refinements to the Town’s growth management strategy
that may result in a modest growth path characterized by the Moderate Growth
Management Strategy;

THEREFORE BE IT RESOLVED that Council direct Administration to
develop a clear question asking the constituents their preference to which growth
option is preferable, to be voted on by the electors in conjunction with the next
municipal election in October 2010.
                                                                                  Defeated
Regular Council Minutes (Adopted)   (June 10, 2009)                  PAGE 13 of 14




O.1    COUNCILLOR INQUIRIES

Councillor Lewis inquired if any pesticide spraying is done in the off leash dog park.
The Municipal Manager advised that no spraying is done at the off leash dog park. He
also advised that signs are posted any time the Town does any spraying.

Councillor Robertson requested information regarding non-toxic methods of pesticide
control (i.e. the use of vinegar to control dandelions).


O.2    COUNCILLOR SUGGESTIONS

Councillor Lewis requested that the Town consider participating in Own the
Podium2010.com, a fundraiser for the Winter Olympics, and suggested a friendly
competition with other communities.


P      RESPONSES TO COUNCILLOR INQUIRIES

P.1    Councillor Clark - River Legislation
P.2    Councillor Clark - Transit Fees
P.3    Councillor Clark - Removal of signs from public places
P.4    Councillor Robertson - Precautionary measures regarding sawmill
P.5    Councillor Robertson - Restricting vehicular access
P.6    Councillor Robertson - Flood and disaster preparedness

09.C.316
MOTION:       By Councillor Robertson that the responses to Councillor Inquiries be
              received as information.
                                                                Carried Unanimously


Q      IN CAMERA ITEMS
       (At Council’s discretion, Council may close this portion of the meeting to the
       public if a matter to be discussed is within one of the exceptions to disclosure
       in Division 2 of Part l of the “Freedom of Information and Protection of Privacy
       Act”.)

09.C.317
MOTION:       By Councillor Robertson to go in camera at 5:35 p.m.
                                                                 Carried Unanimously


Break at 5:35 p.m. Reconvene at 5:45 p.m.
Regular Council Minutes (Adopted)   (June 10, 2009)                PAGE 14 of 14




09.C.318
MOTION:       By Councillor Wilson to come out of in camera at 6:34 p.m.
                                                                  Carried Unanimously


R      ITEMS ARISING FROM IN CAMERA
       (Motions arising from In Camera discussions may be brought forward for debate
       and resolution during the public portion of the Agenda.)


S      ADJOURNMENT

09.C.319
MOTION:       By Councillor Wilson that the meeting adjourn at 6:35 p.m.
                                                                  Carried Unanimously


Certified Correct:




______________________________          __________________________________
Mayor                                   Municipal Secretary

				
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