MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE R.M. OF ST. ANDREWS HELD TUESDAY, MAY 10, 2011 AT CLANDEBOYE, MANITOBA

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1 MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE R.M. OF ST. ANDREWS HELD TUESDAY, MAY 10, 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 Boch. C. ADOPTION OF AGENDA Res. ( ) Moved by: Councillor Boch Seconded by: Councillor Keryluk Resolved that Council adopt the agenda, as presented. D. ADOPTION OF MINUTES Draft April 26, 2011 Council Meeting Minutes Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Garvie Resolved that Council adopt the April 26, 2011 Council Meeting Minutes, as amended. Draft April 27, 2011 Financial Plan Hearing Minutes Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Keryluk Resolved that Council adopt the April 27, 2011 Financial Plan Hearing Minutes, as presented. E. DELEGATIONS 1:00 p.m. - Craig Skonberq, St. Andrews Airport - Provided a report on the 2010 highlights and the 2011 budget for the airport. - St. Andrews Airport is the 15 th busiest airport in Canada and in 2011 to date we are the 14 th busiest. In Manitoba we are the 2 nd busiest airport. - The verbal report included information on signage, new tenants, two hangars have been constructed and four other are being constructed, the sewer system has been repaired, and the noise exposure study has been completed and a summary of the report was given. - Summarized and submitted the 2010 audited statement.

2 Page 2 to May 10, 2011 Council Meeting Minutes Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Garvie Resolved that Council accept the 2010 audited statement for the St. Andrews Airport. Res. ( ) Moved by: Councillor Garvie Seconded by: Councillor Hunt Resolved that Council accept the 2011 Budget for the St. Andrews Airport. F. COMMITTEE REPORTS Transportation Services - Councillor Keryluk Res. ( ) Moved by: Councillor Keryluk Seconded by: Councillor Garvie Resolved that Council authorize the purchase of a Toromont Caterpillar Model 320DL Excavator with a six year warranty at a cost of $117, plus applicable taxes. - Councillor Keryluk stated that he has spoken with Roger Sutyla at MIT regarding drainage assistance with Highway 8 and 67 to Peel. Further stated that it looks like another culvert would have to be installed under Highway #8 and Roger agreed. Roger Sutyla stated that we should put together a plan for this matter and submit it to Brett Wareham of MIT and the Ministers' office. - Discussion of MIT working on the Hwy 9 bridge and the closing of Parrish Bay due to this ensued. A letter is to be sent clarifying the closing of Parrish Bay, and if they are proposing to close it permanently request a service road for access to it and state our willingness to work with them on this matter. - It was felt that having sub-committees for such items as drainage, roads and dikes would be beneficial. It was thought that this would provide better guidance to Administration and Public Works in these areas. Discussion of the logistics of the formation of the subcommittees, membership and the hiring of the Public Works Manager ensued. Interested Council members should notify the Reeve who will in conjunction with the Chair of Transportation review submissions and bring a recommendation to the next Council meeting. - It was thought that the new Public Works Manager should report directly to Council to help relieve the work load on the CAO. - A list of drainage projects was distributed for Council's review. - Letters should be sent out to all who submitted their names to sit on the Water Management Committee thanking them for their interest and informing them that committee members have been selected. The second representative for Ward 2 was selected. - Damage to Mirey Creek Road was discussed. In future, pictures of the road should be taken prior to construction. The pictures could be taken when the lot grade is set and Public Works will have to monitor the road. - Public Works to check on Zachary Drive for damages.

3 Page 3 to May 10, 2011 Council Meeting Minutes Recreation and Culture - Reeve Forfar - Discussion of recreation lands - one owner does not want to sell, one was interested in selling. One other property was suggested and will be looked into. - The Volunteer event guest list was reviewed and some changes were made. - Discussion of the Council's contribution to the Lockport Festival ensued. It was agreed to provide the flag poles and a resolution will come to the next meeting for this. Could also do some grass cutting. Protective Services - Councillor Ataman A) FLOOD PREPAREDNESS - No report. - Consideration of purchasing insulated gloves and chest waders will be done upon receipt of cost estimates. - South Fire Hall Well - discussion of quotes received during the budget process ensued. New quotes are to be requested. The water pump from the Heritage Centre may be sufficient for this purpose. - Discussion of the Protective Services and the number of representatives for this department; the minutes of these meetings have been forwarded to keep Council informed and notice of the next meeting will be sent to Council. - Public Works will be asked to start working on the pad needed for the tanker which is to be used to provide supplementary water for the fire department. - A letter has been received from 21 Murdoch Drive regarding the flooding of their property. Administration to send a response stating that it would be included in the Netley/Wavey diking project. Land Use Planning and Development - Councillor Boch - Administration to follow up on the request to have the Planning Boards' minutes, managers' report and financial reports circulated to the Council for information. Governance and Personnel - Councillor Garvie 1) April 18, 2011 Committee of the Whole Meeting Minutes Res. ( ) Moved by: Councillor Garvie Seconded by: Councillor Keryluk Resolved that Council adopt the April 18, 2011 Committee of the Whole Meeting minutes, as presented. - Councillor Garvie and Councillor Keryluk will be conducting an exit interview with the Public Works Manager. - CAO should be back in the office next week.

4 Page 4 to May 10, 2011 Council Meeting Minutes Environmental Health - Councillor Hunt 1) See April 18, 2011 Committee of the Whole Meeting Minutes for Environmental Health Committee Minutes - The rodent problem at the Earl Grey Landfill site was discussed. - Cleanup of the area surrounding the landfills is tentatively scheduled for this weekend. - Dep. Reeve Krasnesky provided a summary of the situation at the Highway Gardens lagoon due to the failure of a wall surrounding it. It also looks like the 18" pipe installed is not sitting correctly and the valve that we reported leaking is still leaking. Discussion of cause and responsibility for failure ensued. The southern cell has a wall about to fail as well. They are considering a buried pipe system and were asking our opinion of that. He suggested to them that they contact Environment to discuss this option. Alternate solutions were discussed. Finance - Deputy Reeve Krasnesky 1) See April 18, 2011 Committee of the Whole Meeting Minutes for Finance Committee Minutes 2) April 2011 Cheque Detail Report and Visa Transaction Details Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Boch Resolved that Council approve the April 2011 Cheque Detail Report and Visa Transaction Details Report, as presented. Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor Hunt Resolved that Council receive the above noted reports on behalf of each committee. G. EXTERNAL COMMITTEE REPORTS Councillor Garvie - reported his attendance to the following events: - Selkirk & District Chamber of Commerce - Citizen of the Year Award on April 28 in Selkirk. - Airport Steering Committee meeting on May 2 nd. - ARM meeting in Dugald on May 5 th Dep. Reeve Krasnesky - Submitted his written report detailing his attendance to the following events: - Apr Selkirk & District Chamber of Commerce Citizen of the Year Award. - May 4 - Selkirk & District Chamber of Commerce Board meeting. - May 5 - ARM in Springfield - provided summary of LIDAR project for Red River basin area. Submitted agenda and Apr. 7

5 Page 5 to May 10, 2011 Council Meeting Minutes meeting minutes. Suggested that V. Voora, Project Manager, Sustainable Natural Resources Management, International Institute for Sustainable Development should draft a letter for the Municipalities indicating their support. - May 6 - Meeting with Howard Skrypnyk re: Trans Canada Trail highways crossings. Councillor Keryluk - No report. Councillor Boch - As per indemnity report. Councillor Ataman - Apr. 3 - Attended Flood meeting at Petersfield Hall. - Apr. 5-Attended meeting with Red River North Stakeholders. - Apr. 6 - Attended meetings at South Fire Hall with River Rd residents and Council. - Apr. 7 - Attended ARM at Rossdale Hall. - Apr Attended Clandeboye Fire meeting. - Apr Attended Selkirk & District Learning Centre meeting. - Commented that he liked the Airport Secondary Plan. Councillor Hunt - Commented on lands that are being advertised as commercial but are agricultural. Planning will be notified to check on this and send a letter out. - Attended the Aviation Council meeting. Reeve Forfar - Apr Community Placement Grant awards in Gimli - reviewed grants received by St. Andrews groups. - Apr Selkirk & District Chamber of Commerce Citizen of the Year Award. - Apr Minister Melnick dinner. - May 2 - Airport Secondary Plan meeting. - May 3 - MMM Consultant Fundraising lunch. - May 6 - Rossdale Recital Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor Boch Resolved that Council receive the reports on behalf of each external committee. H. CORRESPONDENCE Action Items A. Funding Requests

6 Page 6 to May 10, 2011 Council Meeting Minutes B. Meetings, Conferences, Conventions and Seminars 1) A.M.M. June District Meeting - June 17, 2011 in Teulon Res. ( ) Moved by: Councillor Boch Seconded by: Dep. Reeve Krasnesky Resolved that the members of Council be authorized to attend the A.M.M. District Meeting being held on June 17, 2011 in Teulon. C. Other 1) Interlake Municipal Golf Tournament - June 20, 2011 in Teulon Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Garvie Resolved that 2 teams be registered in the Interlake Municipal Golf Tournament being held on June 20, 2011 in Teulon. 2) Selkirk and District Community Foundation - Nomination Committee Mtq. - June 10, 2011 in Lockport Res. ( ) Moved by: Councillor Boch Seconded by: Councillor Keryluk Resolved that Reeve Forfar be authorized to attend Selkirk and District Community Foundation's nomination committee meeting being held on June 10, 2011 in Lockport. Information Items As per information items #1-24 as listed on the agenda. Res. ( ) Moved by: Councillor Boch Seconded by: Councillor Ataman Resolved that Information Items #1-24 as listed on the agenda, be received as information, unless otherwise resolved. Item #6 - Manitoba Beekeepers' Association - Request Proclamation Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Boch Whereas a request has been received from the Manitoba Beekeepers' Association to proclaim May 29, 2011 as 'The Day of The Honey Bee"; and,

7 Page 7 to May 10, 2011 Council Meeting Minutes Whereas this proclamation is in recognition of local beekeepers and the importance of pollinating rural gardens and flowering crops within our community; Therefore Be It Resolved by the Council of the Rural Municipality of St. Andrews that May 29, 2011 is hereby proclaimed as "The Day of the Honey Bee". Item #20 - City of Selkirk - Household Hazardous Waste Day - June 18, ensure St. Andrews is mentioned in the advertising and let them know that we will provide them with staff. If possible include in the newsletter and put it on the website. I. MUNICIPAL ADMINISTRATION 1) Public Works Manager - Resolution to Accept Resignation Res. ( ) Moved by: Councillor Keryluk Seconded by: Councillor Garvie Resolved that Council hereby accept the resignation of Public Works Manager Greg Elson. J. BY-LAWS AND POLICIES - None K. OLD/UNFINISHED BUSINESS 1) St. Clements Church Anniversary Celebrations - Councillor Garvie provided an explanation of the need to close both St. Clements and River Roads due to the church park being unusable. They want to set up exhibits and parking space on both roads. After some discussion it was determined that River Road would have to be closed from Pruden to Craig and that barricades would have to be erected and manned. Councillor Keryluk will check to see if Citizens on Patrol would be interested in doing this. Res. ( ) Moved by Councillor Garvie Seconded by: Councillor Keryluk Break: 3:00 p.m. Reconvene: 3:30 p.m. Resolved that Council authorize St. Clements Anglican Church to close River Road from Craig Avenue to Pruden Avenue on June 18, 2011 from 9 a.m. to 10 p.m. to accommodate the Family Fun Day event in celebration of their 150 th Anniversary Celebration, and that barricades are to be erected and manned to allow local residents access.

8 Page 8 to May 10, 2011 Council Meeting Minutes L. NEW BUSINESS - Dep. Reeve Krasnesky read the received from the Anderson's requesting a meeting with the Flood Prone Ratepayers of St. Andrews. Discussion of diking, provincial support, resolutions passed for diking, the process followed by the Province for the Netley/Wavey Creek diking project and the dikes that were not approved by the Province. - Discussion ensued regarding the diking needed in St. Andrews and of the need to meet with the Province about this. - Stantec is to be contacted about the diking work, request a copy of the letter distributed by St. Clements regarding their dike work and speak to the lawyer about an agreement to be signed by property owners who will have a dike on their property. - Concern was voiced over the dike construction costs that the RM could be responsible for. It was suggested that the Premier, Ministers Bjornson and Ashton be contacted to inquire as to what solutions are available for the remaining dikes that were not approved. - A response is to be sent to the Anderson's stating that we are working on the diking and when we have more information available a meeting will be arranged. - Updates on diking should be posted on the website. - Discussion ensued on hiring a project manager to assist with the diking projects and the Request for Proposals for the engineers to relieve the work load on the CAO. Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman Resolved that Council authorize the hiring of a consultant to work on the diking projects as per Council resolutions and the Request for Proposals for engineering services required for the Provincially approved Netley/Wavey Creek diking project. Res. ( ) Moved by: Councillor Boch Seconded by: Councillor Hunt Resolved that Council be authorized to attend the Red River Basin, North Chapter meeting on May 19 th, 2011 in the RM of East St. Paul. Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Boch Resolved that the regularly scheduled July 12, 2011 Council meeting be hereby rescheduled to July 19, 2011 and that the July 26, 2011 and the August 23, 2011 Council meetings be cancelled. Break: 4:05 p.m. Reconvene: 6:00 p.m.

9 Page 9 to May 10, 2011 Council Meeting Minutes M. 6 P.M. - PLANNING AND RELATED DELEGATIONS By-Law Conditional Use Applications 1) Conditional Use No Van Dorp Dairies Jennifer Ferguson, Planner, summarized this application to increase the animal units permitted by an additional 48 cattle. They are proposing to construct a 148 stall barn. Planning has no concerns with the application and approval is recommended. Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Boch Whereas Owner/Applicant Van Dorp Dairies has made application for Conditional Use No for the premises described as Pt. NE E, 528 Schmid Road, To allow an expansion of farm activities with livestock over 100 A.U. in the Agricultural Zone, Now Therefore Be It Resolved that Conditional Use Application No 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) Applicant/Owner obtains approval and required permits from Manitoba Conservation. 3) Applicant/Owner obtains any required permits from Department of Health. 2) Conditional Use No Asher - Jennifer Ferguson, Planner, summarized this application to allow a two family dwelling in the A80 Agricultural Zone. Applicant is agreeable to converting this to an addition when no longer required as a suite. Approval is recommended. - Mr. Asher confirmed that it would become an addition to the home. Res. ( ) Moved by: Councillor Boch Seconded by: Councillor Keryluk Whereas Owner/Applicant Kiley Asher has made application for Conditional Use No for the premises described as Lot 1, Plan 30849, 8555 Highway #9, To allow a two family dwelling in the "A80" Agricultural Zone. Now Therefore Be It Resolved that Conditional Use Application No be hereby approved by Council with the following conditions: 1) Applicant/Owner obtains all required permits from the Selkirk and

10 Page 10 to May 10, 2011 Council Meeting Minutes District Planning Area Board. 2) Applicant/Owner obtain approval and required permits from Manitoba Conservation. 3) Applicant/Owner enters into a development agreement on the subject property, advising the suite is temporary in nature and that it must be removed/converted within 6 months upon cessation of occupancy for which it is intended. 4) The development agreement must be registered on the title before any building permits are issued. 3) Conditional Use No Telus/Lavoie - Jennifer Ferguson, Planner, summarized this application to allow a communication tower within the A40 Agricultural zone. Approval is recommended subject to a development agreement. Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Garvie Whereas Applicants Telus and Owners Cory & Bryanne Lavoie have made application for Conditional Use No for the premises described as Pt. NE E, 9988 Highway #9, To allow a Communication Tower within the "A40" Agricultural Zones. Now Therefore Be It Resolved that Conditional Use Application No 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. 2) Applicant obtain all required permits from the Selkirk and District Planning Area Board. 4) Conditional Use No Telus/Carter - Jennifer Ferguson, Planner, summarized this application to allow a communication tower within the A40 Agricultural zone. Planning has no concerns regarding this application and approval is recommended subject to a development agreement. Res. ( ) Moved by: Councillor Garvie Seconded by: Councillor Hunt Whereas Applicants Telus and Owner Edwin Carter have made application for Conditional Use No for the premises described as Lot 1, Plan 31545, 2173 Hartley School Road, To allow a Communication Tower within the "A80" Agricultural Zones.

11 Page 11 to May 10, 2011 Council Meeting Minutes Now Therefore Be It Resolved that Conditional Use No 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. 2) Applicant obtain all required permits from the Selkirk and District Planning Area Board. 5) Conditional Use No Telus/Bracken - Jennifer Ferguson, Planner, summarized this application to allow a communication tower within the A40 Agricultural zone. Approval is recommended subject to a development agreement. Res. ( ) Moved by: Councillor Boch Seconded by: Dep. Reeve Krasnesky Whereas Applicants Telus and Owners Ernest & Olga Bracken have made application for Conditional Use No for the premises described as Lot 1, Plan 40582, Wavey Creek Road, To allow a Communication Tower within the "A80" Agricultural Zones. Now Therefore Be It Resolved that Conditional Use No 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. 2) Applicant obtain all required permits from the Selkirk and District Planning Area Board. Variation Orders 1) Variation Order No. 39 & Yuzark - This variation is the result of a conditional approval for a subdivision. - Required frontage is 198' however, due to the configuration of this subdivision the lane is considered the frontage. Approval is recommended for the reduced frontage. - With the closure of the public lane this property will have no access to a public road. This variation will allow access onto Hazel Avenue. Approval is recommended. - Mr. Dawson asked what effort has the municipality put into drainage in that area and what are the results of the money spent? The culvert was lowered at CPR tracks and Hwy 9 and we realize that drainage is slow at the Lockport Village area. It was felt that the result was better drainage, more than a 10% improvement. Mr. Dawson stated that this has been a problem for years and gave a brief summary of the history of the area. He

12 Page 12 to May 10, 2011 Council Meeting Minutes commented that, in the past, he provided a solution on how to fix the drainage. - Mr. Dawson asked about the access to this property. He was informed that the closed lane will become a shared driveway. He was also informed that it was such a narrow right of way that we could never have built a road and we couldn't take additional lands due to the location of the structures on the property. - Mr. Dawson stated that the RM is costing him $10,000 a year due to the RM approving the development at the end of Donald Road. - A summary and current status of the efforts to improve drainage in this area was provided by Dep. Reeve Krasnesky. Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Keryluk Whereas Applicant/Owner Rob Yuzark has made application for Variation Order No. 39 & for the premises described as Lots 11 & 28, Block 4, Plan 1966, 135 St. Andrews Road, To vary from: To proposed: "AR" Agricultural Restricted Zone St. Andrews Zoning By-Law 4066 Site width: minimum 198 ft. Streets & Roads: all development shall be on sites that have direct frontage on a street Lot 2: site width minimum 16 ft. Lot 3: allow access onto Hazel Avenue As per conditions 8 & 9 of Subdivision No. S Now Therefore Be It Resolved that Variation Order No. 39 & be hereby approved by Council. 2) Variation Order No Manitoba Ltd. - Jennifer Ferguson, Planner, summarized this application to allow a 1,200 sq. ft. addition onto the existing 3,000 sq. ft. accessory structure. - The variation is needed due to the proposed addition exceeding the allowable size. - It was inquired if the applicant was aware that the structure may be within the highway right of way. Planning will provide Highway contact information to the applicant. Res. ( ) Moved by: Councillor Ataman Seconded by: Dep. Reeve Krasnesky Whereas Applicant/Owner Manitoba Ltd. has made application for Variation Order No for the premises described as Parcel B, Plan 22763, 30 River Road, To vary from: To proposed: "RR" Rural Residential Zone St. Andrews Zoning By-Law 4066 Accessory: maximum 1200 sq. ft. Maximum 4200 sq. ft. To allow a 1200 sq. ft. addition onto the existing 3000 sq. ft. accessory structure.

13 Page 13 to May 10, 2011 Council Meeting Minutes Now Therefore Be It Resolved that Variation Order No be hereby approved by Council with the following conditions: 1) Applicant obtain a building permit for the 1200 sq. ft. addition to the existing accessory structure from the Selkirk and District Planning Area Board. 3) Variation Order No Holden - Jennifer Ferguson, Planner, summarized this application to reduce the site width requirement and to increase the minimum site area. The site area increase is due to the shelter belt and the ejector system; there are no concerns with this and approval is recommended. - There are no concerns with the reduced frontage and approval is recommended. Res. ( ) Moved by: Councillor Boch Seconded by: Councillor Hunt Whereas Applicants/Owners Blair and Linda Holden have made application for Variation Order No for the premises described as Pt. SW E, 877 Cloverdale Road, To vary from: To proposed: "A80" Agricultural Zone St. Andrews Zoning By-Law 4066 Site width: minimum 300 ft. Site area minimum: 2-4 acres Lot 1: site width minimum 100 ft. Site area minimum acres As per condition 4 of Subdivision No. S Now Therefore Be It Resolved that Variation Order No be hereby approved by Council. Subdivisions Planning - Miscellaneous 1) Babaluk - New Home Construction Access - Mrs. Babaluk is requesting an amendment of the condition regarding construction equipment access to their development. She would like to have new home construction equipment use Kimberly Place and provided the reasons for their request. - It was suggested that they speak to all the people who were in attendance at the public hearing as it was decided there that all construction traffic is to go through their lot. It was also suggested they speak to all Kimberly Place residents. - Concern was voiced that possible damage to Kimberly Place may be more that the lot grade damage deposit required. - Mr. Babaluk stated that there has been a fair amount of construction activity on Kimberly Place such as trucks with fill and concrete. Mrs. Babaluk suggested a clause in the purchase agreement to insist that

14 Page 14 to May 10, 2011 Council Meeting Minutes concrete trucks carry only a half load. Discussion of fill being brought in to the field and that the field should being adequate for the equipment. - Mrs. Babaluk stated that once lot 2 is sold access to lots 3 and 4 would have to be through the swales and ditches. She further commented that if they have enough caveats that the developer is responsible for damage, if the RM gets their damage deposit and we could also get deposits and put other controls in place; it should be enough to protect the road. - The decision made was the result of a public hearing. It was suggested that letters of support from those who appeared would be helpful. Planner, Jennifer Ferguson, stated that anyone who attended the hearing should be contacted and she recommended that it go through a full hearing process to be sure everyone is informed. Everyone within 300' would get a notice, the property would be posted and the hearing would be specific to only the one condition. As they are not technically revising the application they would only have to pay a notification fee. - This matter will come through the public hearing process and will come before Council again then. N. ADJOURNMENT Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor Garvie Resolved that the Council meeting be adjourned at 6:55 p.m.