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NCL Council - Multiple Planning Matters discussed

posted May 22, 2018, 9:23 AM by Kathy Carr
The council of North Cypress Langford met in the Council Chambers on Monday morning, May 14, with Reeve Adriaan­sen in the chair. All councillors were present, CAO Jones, Assistant CAO Fraser, and Development Officer McEntee.
Planning Matters
After a slightly early start, Council heard from Taylor Lessard, who was asking that the Munici­pality upgrade his sand road along the south side of SE6-10-14W. He is planning to bring in Hydro into his property and build an equipment shed and a deep well to water his livestock. He intends eventually to build a residence. The road would have to support the passage of heavy transport, both his own for the cattle and Manitoba Hydro’s for the installation crew. A complicating factor is that because Mani­toba High­ways does not wish to have extra accesses along High­way #5, the DND, his neighbour to the south, would have to agree to share his access to the highway.
The Municipality normally pays half the cost of the first half mile of any requested road construction. The problem at the moment is to come up with a cost figure; the difficulty is sourcing and transporting the estimated 400 yards of clay. Council agreed to go ahead and present a quote for the necessary work. They appreciate that the installation of hydro must await the completion of the roadway, and that the provision of hydro is the most pressing part of Lessard’s plans for the summer buil­ding season. Manitoba Hydro has said they can start work as early as July.
At this point, council adjourned its regular meeting to hold a public hearing regarding an application by Kelly Evans to subdivide a 5.1 acre abandoned farm yard site from his property at SW18-13-15, and sell it for private residential use. The property is zoned AG80-L2 Livestock Limited 2, and a rural non-farm dwelling would require a conditional use order. The property is of a size and width to meet the requirements of such a use.
There were no objections raised to the conditional use, so council resumed its regular meeting and passed the reques­ted conditional use order.
Sprucewoods Colony is planning to upgrade its earthen manure storage facility. The present one is inadequate, and they are working with an engineer and Manitoba Sustainable Development to create a new barn and storage facility. The understanding is that when the new barn is finished, two of the old ones will be removed, and that when the new storage facility is completed, the old one will be decommissioned. The barn is fully compliant with the necessary codes and has been approved. The manure storage facility will be 328’ from the nearest water course, and 2760’ from the nearest residence not associated with the operation. This would be easily enough separation for the 1,200 A.U. (1,000 sow) operation that has been in place. The SD regulation requires a setback from the property line of 328’ as does the Municipal Zoning By-Law, but the design places it only 150’ from the property line and adjacent Municipal Road. Currently Sustainable development is reviewing this setback change and will need to vary it before the project can be app­roved. The owners will also need to obtain a variation from the Municipality to be compliant with the Zoning By-Law. Where it involves manure management, such as this manure storage facility, only Sus­tainable Develop­ment may grant approval; that application is before them at the moment. Council may place a condition requiring a cover, or a shelter belt to mitigate the possible odour problems. Colony management has agreed to a shelter belt. The Municipal variation application will come before the council, most likely at the June meeting.
Mid-Man Farms has applied for a water and electrical crossing under Road 67N between SW 10-12-15W (L. Walker) and NW 3-10-15W (Brook­­dale Holding Co.). It is a simple crossing and Development Officer Mc­Entee has granted it, specifying the depth and sleeving of the crossing, and requiring an easement agreement and a development permit for any new irrigation infrastructure connected with this project. Council formally en­dorsed McEn­tee’s app­roval.
An interesting request came from Cindy Hockin, who lives on a four acre Rural Residential site to the east of #5 Highway south of Neepawa. She and her husband wish to install a solar ground array system, and she wanted to find out if any special permit or permission was required. Devin Dietrich of Community and Region­al Planning, with whom Planner McEntee checked, gave an opinion that though it was entirely up to council what to allow, it would be simplest to consider such arrays as normal accessory uses, comparable to parabolic dish antennae or sheds for personal recreational purposes. With the push towards reduction of carbon use, there will certainly be more questions about solar arrays. Structurally they may require permits, especially if they are to be installed on an existing building, but in smaller stand-alone installations, they can be treated much like a simple out-building. Council agreed that a collector array should be considered a normal accessory use.
A request came from Paul Dick, who has an irregularly shaped lot on the north side of PTH351, west of Carberry near Oak Sands Drive. He has an ejector system, and in order to make it compliant it must be set back 200’ from his property line. Its present location is slightly less than the required distance from his property line, which ends at an unimproved road allowan­ce. He would like to ask if the road allowan­ce could be closed and consolidated with his property. This would give him his necessary setback. Council was reluctant to ask the pro­vince to close the road allowance, and the pro­vince has lately been refusing to close any road allowances. Mr. Dick’s request was denied.
Richard and Karen Fiskel have applied to subdivide a 12.4 acre lot from their farm yard site. There are two residences on the site, and they wish to subdivide one of them, and sell the balance of the quarter. The subdivision is complicated by the fact that the access and hydro to the second dwelling and the greater part of the yard site passes through the subdivided portion. The dwelling would become a rural non-farm dwelling as a conditional use. It is served by an ejector system, so the subdivision extends 88’ into the adjacent quarter to allow for the 200’ setback such equipment requires. The maximum subdivision for a rural non-farm dwelling in an AG zone is 10 acres, so a variation order would be needed to allow the 12.4 acre lot. Council discussed whet­her to require a new access and driveway be established to serve the second dwelling and yard, or to require an easement for the existing access. Though the easement solution comes closest to the Fiskel’s wishes, it is not the best planning in the long haul. The wait that the new access for hydro and driveway would introduce would delay a major sale unduly, so council voted narrowly to approve the subdivision, vary the size, accept the conditional use as a rural single-family non-farm dwelling, and require access easements for hydro and driveway.
There is an application from Robert G.M. Dane to sever a 10 acre lot from a quarter at NE 31-10-15WPM. This has been brought before council before, and adjustments to the application have been made as requested. The council approved the proposal, on condition that a Conditional Use Order be granted allowing a single-family non-farm dwelling in an AG zone, and that a Development Agreement be entered into for the development and construction of the required municipal road to provide access to the subdivided parcel.
Terry Brown, a consultant to the Planning District Board, came before council to present the Develo­pment Plan Review that the Cypress Planning Board has been undergoing since amalgamation. The new plan seeks to harmonize the policies among the municipalities it now ser­ves. There are no great changes; there has been an extensive background study, which will be part of the package that will be presented to Manitoba Municipal Relations. The document Brown presented will, when ready, be submitted to the province for review and comment after first reading, receive a second reading after government has had their input and a public hearing before council, and not receive third reading without full ministerial app­roval.
Changes being suggested include changing the “Agricultural” designation to “Rural” to indicate the broader considerations needed for land use. All existing uses and operations will be grandfathered; no change in the Planning Document will require change in present use. The province is particularly insistent on the retention of good soils for agricultural use, but in the last analysis, it is the landowner who owns the soil, and can use it how (s)he pleases. Tillage will be “As-of-right,” and require no permission. Subdivision of land for agricultural purposes will be allowed, and multiple farm dwellings will be too, however, subsequent subdivision of these dwellings may be more difficult. Subdivision of existing single family farmyard sides may be possible, but would be considered as a Con­di­tional Use. General­ly, concentrated rural housing  will be restricted to desig­nated Rural Residen­tial areas where the land is less suitable for agriculture; there is no wish to depopulate rural areas. There are to be livestock limited areas around urban areas, and around accepted rural residential areas. They may also be declared where there is concern for the aquifer. Within ½ mile of an urban boundary, livestock operations between 10AU and 100AU may be granted conditional use, and from ½ mile to 1 mile of the boundary, 10AU to 100AU will be a permitted use, and 101AU to 250AU will be a conditional use, with 250AU the maximum size. Any livestock operation above 300 A.U. will automatically require provincial oversight. In recognition of rural heritage, Heritage Settlement areas will be declared around old town sites such as Gregg or Firdale in which the existing lots may be used for their original purposes as dwelling sites.
Brown pointed out that designation in the Plan­ning Document was a matter of fairly flexible borders in contrast to zoning by-laws which are hard and fast. He presented some large-scale maps of the area, and there was discussion of several of the provisions. There was concern that the willingness to allow and even encourage rural residential use of lands whose soil was of lesser quality works against the use of such lands as pasture, an important requirement of livestock producers.
Brown stressed that now is the time to speak out if there are concerns. Once the document goes to Municipal Relations  after first reading, the chance of making further changes follows a more difficult process. He en­couraged councillors to examine the recommendations and give feedback now, before they harden up.
A second delegation was from Candace Turc­hinski of Meyers Norris & Penny. She brought for council’s approval the Audited Financial State­ment for the year ending December 31, 2016, and summarized her findings. It was a clean audit, and showed the municipality to have been in a firm position at the end of 2016. The work on getting caught up to the end of 2017 has already started, and Turchinski hopes to get that done in a timely manner.
Financial Matters
Turchinski was than­ked by council, who then went on to approve the statement presented.
The Financial State­ment for May 2018 was referred to council, and accounts and direct de­posits totalling $340,120.04 were app­roved for payment.
The 2018 Financial Plan, By-law 8/2018, was read a second and third time, and by a recorded unanimous vote, was pas­sed into law.
Unfinished Business
The situation with the building being offered for sale next door to the Municipal Office was discussed. It was pointed out that there was almost no use for the building, which is uninsulated, and won’t admit either the water truck or the Handivan which need shelter, so another building is going to have to be constructed. The price though is pretty small to acquire the land, especially if split with the Town of Carberry. After considerable debate, a motion to join in the purchase was defeated.
From the Joint Meeting, Alex Broad was approved to attend the Aquatic Facility Opera­tors Course in Brandon May 16-18, at a cost of $325 plus taxes, split 50/50 with the Town of Carberry. Council and CAO Jones were app­roved to attend the Fire Protection Work­shop in Brandon May 17, and Council, the Office Ad­ministration, and CAO Jones were approved to attend the Asset Manage­ment Workshop in Bran­don May 9. Teresa Fiskel was approved to participate in the Accounts Recei­vable Webinar in the office on May 3. All costs to be shared 50/50 with the Town.
Council resolved to support the 4th Annual Potato Truck Pull in support of Cancer Care Manitoba as a Platinum Sponsor at a cost of $600, shared 50/50 with the Town of Carberry.
Council also voted to pay the $18,333.33 owing to the Carberry and Area Foundation to top up the Health Fund. This also is to be shared 50/50 with the Town.
An old invoice for $2214 for an outstanding Langford account was cancelled.
There are eight residents of the RM of Rosedale who have been hooked up to NCL’s water line. Their hookup char­ges and rates are unpaid because no agreement has yet been signed. Rosedale feels that there is no need to forward any money, claiming that the water rates that will be paid will compensate North Cyp­ress-Langford, though that probably isn’t the case. An agreement form was approved, which will go out to the eight direc­tly. Any service char­ge would have to be first approved by the PUB.
General Business
Council agreed to open a new chequing account for the pool at Westoba Credit Union to enable the collection of pool registration money online. This is a procedure that Neep­awa’s pool has found effective.
Teresa Fiskel was app­roved to participate in an Advanced Accounts Receivable Webinar in office on May 23. The costs will be shared 50/50 with the Town of Car­berry.
 The Mack Road (road 88 between 74N and 75N) will be one of this year’s projects; it would only require some inexpensive work that can come from reserves. Discussion aroun­­d which roads would best profit from upgrades this year ensued. Road 85 W in particular would profit from being built up.
Fourteen people have asked to have their lane applied with dust control, including two new sign­ups. They have agreed to a cost of 35¢/litre cost re­covery. Laneways needing work done before the product is applied will also be subjected to a fee.
A citizen has been working successfully to reduce the Wellwood cat population by offering food and getting them adopted out, but there remain quite a few feral cats. It may be necessary to go over to trapping.
Council agreed to apply for funding for two road projects: Road 88W and Road 69N. They also accepted the tender for these projects from Blue­star Construction, the lowest bid at $408,540.00
Langford Rec District requests 60% of their funding instead of 40%, which is a raise to $45,000.
A group of eight utility accounts which have re­mained unpaid for a prolonged time were added to taxes.
A prospective purchaser of a lot in the Straw­berry Lane development has enquired about the timeline for completion of a house on the lot, and asks whether a mobile home might be used temporarily. The question will be referred to Develop­ment Officer McEntee, but it is at least probable that a mobile will not be approved.
From the Spruce Plains RCMP have come crime statistics for March. 
Manitoba Heritage Habitat Corporation sent notice of two Conser­vation Agreements it has signed in the Munici­pality, one with David and Mary Baron, and one with David and Myrna Meyers. The lands in question are adjacent in 26-11-14W.
Neepawa Chamber of Commerce sent an invitation to sponsor and take part in the 2018 Fair and “Shop Local” Program. With the fair on May 25-27, and the application deadline on April 20, the request was too late to act on, but council wanted to be sure to be involved in next year’s event; they are regular participants in the Carberry Fair.
The Association of Manitoba Municipalities sent word that they have decided to remove a resolution that the RM of Langford sponsored in 2014 from their list of active resolutions. The resolution dealt with the costs of traffic related emergency response, and AMM feels that MPI has addressed the concern in other effective ways.
The Neepawa Fat Stock Association sent word of their upcoming Fat Stock Show & Sale in Neepawa on July 4. They hope to gain sponsorship. The information was referred to the Lang­ford Rec­reation District.
The Manitoba Good Roads Association sent a letter asking for nominees for their various awards, including road maintenance, road construction, urban beautification, farm, non-farm rural, and unincorporated urban centre home grounds. Details of nomination forms and procedures can be had from the Municipal Off­ice. Entry deadline is June 22, 2018.
Wellwood Cemetery Association sent a letter requesting a repeat of the grant of $2000 received last year, which was all spent on grass cutting. Council respon­ded by renewing the grant, not just to Wellwood, but all rural cemeteries.
Around the Table
Reeve Adriaansen re­por­ted on his attendance at the Southern Chiefs’ Conference. He found it a worthwhile opportunity. The Chiefs were particularly interested in dealing with their neighbouring municipalities. For many services and programs it makes sense to add neighbouring First Nations to your catchment, for though they are by definition not taxpayers, they can leverage provincial and federal grants to assist in funding joint ventures of all kinds. They were hoping to hold conferences on a quarterly basis to discuss matters of this kind, and while that might be too frequent, it is a valuable set of contacts to maintain.
Councillor Davidson repeated his earlier re­quest that Road 85W be brought up to a better standard; it would be of benefit to several producers of the area.
Councillor Drayson asked what the consequences are of breaking the burning ban presently in effect. The CAO replied that a breach can be fined $500, which can be added to taxes. At the moment Manitoba Sus­tainable Development has dec­lared a Level 2 Ban, which forbids even ATV use in fire prone areas. No permits will be issued until after the ban is lifted, which will have to await a serious rainfall. There have been cases where burning was done, and the owner claimed ignorance of the ban, but in cases like that, a letter is hand delivered to the offender. Any further burning would involve the fine and the costs of sending the emergency services.
Council adjourned at 1:15 pm. Council meets next for their regular meeting on June 11 at 9:00 a.m.

by John McNeily