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NCL Council - Should a drainage pipe be allowed to cross a road allowance?

posted Apr 18, 2017, 8:53 AM by Kathy Carr
By allowing a drainage pipe to cross a road allowance, is council giving approval to the drainage of water from one landowner onto another? North Cypress-Langford Council met on Monday, April 10 at 9 a.m. and discussed this issue.
Amalgamation has certainly introduced new issues to the south end of the new municipality (e.g. water servicing), and drainage is another one. Planning Officer, John McEntee brought forward a proposal to drain 300 acres into a natural drain on another property. S. Lapointe, on behalf of Sumpointe Acres Ltd requested the installation of a 15” pipe from NE 16-14-16 across Road 92W to NW 15-14-16 WPM (Sumner Grain Farms). This project will act as the main drainage of a significant portion of 16-14-16. Drainage also exists on this property, and the new 15’ pipe will be five feet to the south and two feet below the culvert.
McEntee confessed to being new to drainage concerns, and noted that Langford does have a comprehensive policy (2013) on the subject. It states that a drain cannot terminate directly into  a creek.
Councillor Ray Dray­son had some concerns, namely that tile drainage on clay land does not work. He also felt that the drainage will take the slough off one piece of property and put in on someone else’s. 
Councillor Gerond Davidson noted that the neighbours are familiar with the project and have given verbal consent. This was not enough for Reeve Adriaansen, who felt that the affected landowners should be given information as to the quantity of water that will be moved, and sign a document stating they are in agreement. Whitemud Watershed Con­­servation District is only concerned if the water is going into their ditches.
Council gave ap­proval to the project with the following conditions: that a development permit be obtained for the installation of the new drainage facilities; that an easement agreement is prepared and signed by the property owners, and includes the GPS location of the crossing. 
A variation is required to reduce the minimum setback from 125’ to 0’ and written acknowledgement be received from the neighbours.

Budz ’N’ Blooms
The Neepawa daycare, Budz ’N’ Blooms is expanding to meet the ever-increasing need within that community. Donna Gork-Todoruk and Marla Steen attended the meeting to make a presentation to council.
A needs assessment yielded significant numbers of children (both born and unborn) that will be looking at daycare in the next few years: 25 unborn, 25 infant, 56 preschoolers, and 46 school aged children. With that in mind, they have purchased property to build a facility for their ‘before and after school’ program. With that program located elsewhere, spaces are freed up for further daycare children.
However, it will be a few years and a lot of fundraising before this will be built. In the meantime, they have found a temporary venue for this program, in the Prairie Alliance Church, which is in North Cypress-Lang­ford. They successfully lobbied the school board to provide bus service to take the 15 ‘before and after’ school children to school from the church, and back to the church afterwards.
The daycare will request a variation to operate a temporary ‘before and after school’ program in that building. Council agreed to write a letter of support for the application.

Budget
Financial Officer, Teresa McConnell attended as the council held a hearing to go over the 2017 financial plan. No members of the public attended. The plan was preceded by a power point presentation that gave a visual pie chart of where the tax dollars are being spent.
The budget is a complicated one, with the numbers being configured into and from three different pots: North Cypress, Langford, and ‘at large’. Last year resulted in a deficit.
In general, averaging out the sample properties presented, the Total Municipal increased from 1.91%(Wellwood) to 2.73% (Centennial Drive), with the exception of Brookdale, whose increase is 10.88% - due to the addition of the dust control program.
However, the school taxes increased from 3.68% in most instances, with a couple of properties (Edrans and some farmland) increasing by 6.59%.
Four major projects are slated to be done: Gregg Rd. (90W), Boggy Creek Rd. (80N), Rd. 62 N, and Rd. 55N. These will be covered by gas tax rebate monies.
Joint projects on the 2017 agenda are: eavestroughing at the Drop-In Centre; the old town hall foundation, the ice plan at the Community Centre and the trees around the recreation area, both for the perimeter and as a barrier.
Taxes can now be paid online, and the due date is September 30. McCon­nell’s presentation will be made available to the public by checking the North Cypress-Langford website.
There was some discussion on recreation mill rates. That was lowered from 1 mill to .9 mills, which will raise approximately the same amount of dollars, but reflects the increase in assessment.
After the closure of the hearing, the 2017 Financial Plan by-law (2/2017) was given first reading. It now goes to the provincial government for their approval.
By-law 1/2017, establishing a special rate for dust control in three specific areas (Brookdale, Centennial Drive and Touchwood Park Rd.) from 2017-2019 were given second and third reading.

Unfinished business
There were a number of resolutions that initially passed at joint council that were affirmed at this meeting, with costs shared between NCL and Car­berry: Teresa McConnell and Sandra Jones to attend the MMAA Conference Apr 24-26; that one banquet ticket be purchased for R. McConnell; that Grady Stephenson attend the Aquatics facility Operator’s Course May 4 in Brandon; K & L Loney, D & B Menzies to attend the MB Association of Fire Chiefs Conference June 1-3 in Winnipeg (this coming from the fire budget).
Council re-considered contributing to the Federation of Canadian Municipalities legal fund to the tune of $63. This was nixed by Council, who felt it should come out of their membership fees.
General Business
As a result of the disaster at Lac Mégantic, Transport Canada has requested that NCL give a report of all railway crossings. There are over 20 in the municipality, and to have the railways do it, at the cost of $350+ per crossing, that means about $10,000 of a cost. Reeve Adriaansen suggested that a letter go back to Transport Canada, advising them of the costs, and asking them if they would like to contribute.
If a council member has the time to do it, it would be considerably less.
B. Nelson, who plans to build a house in Odanah, but just outside the NCL boundary (400 M off the line), requested to tie into the NCL water system. Council agreed, noting that the cost for hook-up may be more than the standard.
Councillor Drayson suggested that the standard hook-up ($15,000) be increased to include the $1400 fee to the Town of Neepawa. Council is going to set it up so that they can recoup the costs that are incurred for a hookup.
Council discussed the County Court building – how to move forward without having to retain the office space in that building. Council has offered that space to the Beautiful Plains Archives.
An agreement has been reached for the purchase of graders. The tender from Toromont CAT was accepted for three 2017 graders at a cost of $636,080 plus taxes and minus GST on the trade-ins. 
There has been some question from the public about how the municipalities will celebrate Canada 150. Recognizing that Wellwood has their own Canada Day celebrations, the municipalities have a plan to build on the “free swim” day at the pool and have a barbecue to go along with it. Watch for more details.

Planning
McEntee updated everyone on the Dane subdivision proposal. At last meeting, R. Dane made a request to add 150 acres of rural residential property south of the present RR10. These are to be larger lots of 15-20 acres, which would allow a small number of livestock on the property (usually horses).
The Planning Board is prepared to include this area in the new development plan as an amendment. 
However, the province had some reservations about establishing more rural residential while there are still a large number of lots available for development. McEntee warned that if the Dane proposed lots become a stumbling block to the development plan being approved, then it might be removed from the plan.
Council looked at a proposal from Spud Plains Farms Ltd. to subdivide property SE 19-11-14. This is a bit of a reversal of what usually is requested. In this case they are reducing the rural non-farm dwelling site of 6.15 acres to 3.95 acres to increase the size of the agricultural part of the quarter. This will allow the pivot (which would be infringing on the residential property) to go around on the agricultural property.
Council gave app­roval to the application, subject to conditions: a conditional use for a 3.95 rural non-farm dwelling site in an AG District; a variation order to reduce the minimum site area from 5 acres to 3.94 acres; and a declaration of right of way granting continued use of the shared driveway.
A road crossing request came from C. Reynolds for the installation of a 8” irrigation waterline from NW 3-10-14 (F & D Whyte) across road 81W to NE 4-10-14 (Reynolds). This passed, subject to the following: the top of the pipe is a minimum of three feet below the lowest point of the crossing; that the pipe is sleeved the full width of the crossing; a Development Permit is procured for the new water lines, and an easement agreement prepared, along with GPS co-ordinates.

Communications/Around the table
Carberry/North Cyp­ress-Langford Fire Depar­­tment report 18 calls so far in 2017. Of the 18, 13 were for motor vehicle accidents, and one was residential. In Neepawa, there were 12 calls.
May 21-27 is National Public Works Week.
Reeve Adriaansen commented on his visit to the museum at Shilo and recommended it to everyone.
NADCO (Neepawa and area Development Corp) will meet April 20 regarding soybean mill production for the area. 
Council will meet with the foreman soon to make sure that equipment, projects and help are all adequate for the coming season.
Prior to adjournment, accounts totalling $276,323.31 plus direct deposits were approved for payment. The next council meeting will be on May 8. Joint meeting will be on April 25. The joint meeting for May will be on May 29 instead of May 22, because of the long weekend. 

by Gloria Mott
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