TAMRMS#: B06
9.2
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Bylaw 06/2022 Annexation Bylaw Amendments (1st, 2nd, & 3rd Readings)
Presented by: Vicki Dodge, Annexation Project Manager, Planning and Development
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RECOMMENDED MOTION(S)
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1. That Bylaw 06/2022, a bylaw to amend Bylaws18/2005 (the Traffic Bylaw), 10/2008 (the Transportation System Bylaw), 43/2000 (the Business License Bylaw) and 21/2002 (the Fire Services Bylaw), be read a first time.
2. That Bylaw 06/2022 be read a second time.
3. That unanimous consent be given for third reading of Bylaw 06/2022
4. That Bylaw 06/2022 be read a third time.
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PURPOSE OF REPORT
The purpose of this report is to present an omnibus bylaw to amend several City of St. Albert bylaws to adjust for the annexation of lands formerly within Sturgeon County, approved by the Provincial Government by Order in Council 362/2021 (attached herein) in December 2021 which became effective January 1, 2022.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Strategic Priority #1: Growth Policy Framework: Develop a robust policy framework to guide growth.
• City of St. Albert Annexation of Sturgeon County Land
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
N/A.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
On September 21, 2020, Council passed the following motions:
That the substantive content of the draft Annexation Agreement between the City of St. Albert and Sturgeon County attached to the September 21, 2020 Council Report entitled “Sturgeon Annexation Agreement” be approved, and the Mayor and CAO be authorized to execute an Annexation Agreement consistent with the substantive content of the attached draft agreement on behalf of the City;
That the CAO is authorized and instructed to take all actions required to complete and submit an annexation application consistent with the Annexation Agreement to the Municipal Government Board, and thereafter to take all actions required to complete the annexation of the subject lands to the City of St. Albert.
That $600,000 be allocated from the Stabilization Reserve to support compensation to Sturgeon County as outlined in the annexation agreement.
BACKGROUND AND DISCUSSION
In September 2020, City Council approved the negotiated annexation agreement and directed City Administration to take all necessary steps to submit the application to the Municipal Government Board and then to take all necessary actions to complete the annexation.
In October of 2020, the City of St. Albert submitted its uncontested annexation application to the (former) Municipal Government Board. In April of 2021, the Land and Property Rights Tribunal (formerly the Municipal Government Board) held its public hearing regarding the City’s annexation request.
On December 8, 2021, the Provincial Government issued the annexation approval of 1,558 ha (3,850 acres) of land from Sturgeon County by Order in Council effective January 1, 2022.
To complete the annexation transition, now that the Order in Council is finalized, several City bylaws require amending to comply with negotiated commitments in the annexation agreement as well as to apply City policy and regulation to the annexed area.
The following bylaws are proposed to be amended to support implementation of the annexation: Bylaw 18/2005 (the Traffic Bylaw), Bylaw 10/2008 (the Transportation System Bylaw), Bylaw 43/2000 (the Business License Bylaw) and Bylaw 21/2002 (the Fire Services Bylaw).
Bylaw 18/2005 (the Traffic Bylaw)
The Annexation Negotiation Committee between the City of St. Albert and Sturgeon County agreed to allow off-highway vehicles to continue to be used in the annexation area by annexation area residents and landowners in accordance with Sturgeon County’s existing rules.
The proposed amendments bring the County’s OHV rules into the Traffic Bylaw and apply them to the annexation area lands only.
Other amendments proposed relate to the addition of rural roadways through annexation include amendments in the following areas:
• Overweight vehicle exemption for agricultural related equipment
• Posted speeds
• Road bans
• School bus warning lights/stop arms
Bylaw 10/2008 (the Transportation System Bylaw)
This bylaw applies classifications to roadways in the City’s boundary. It is proposed to be amended to reflect the additional roads resulting from annexation.
Bylaw 43/2000 (the Business License Bylaw)
The Annexation Negotiation Committee agreed to waive business license fees for businesses operating in the annexation area for a period of five years from the effective date of annexation. The proposed amendment allows for the application of the fee waiver.
Bylaw 21/2002 (the Fire Services Bylaw)
The Annexation Negotiation Committee agreed to allow residents in the annexation area to continue to use backyard burn barrels. In addition, generally accepted agricultural activities may include open burning of brush and field management using fire. The Fire Services bylaw is proposed to be amended to allow for such activities within defined parameters, and until urban development takes place.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Significant landowner and stakeholder engagement was undertaken as part of the annexation project. A Transition Handbook has been shared on the City’s website and through the electronic Annexation Newsletter to assist new residents in transitioning to the City’s jurisdiction.
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
There may be some loss of revenue due to business licensing fee waivers between January 1, 2022 and December 31, 2027. The City provided the $600,000 compensation owed to the County as part of the negotiation in December 2021.
Legal / Risk: None at this time.
Program or Service: None at this time.
Organizational:
Municipal Enforcement may experience increased activity in the annexation area to patrol for off-highway vehicle use compliance.
Fire Services may experience increased administrative work and on-site inspections in the annexation area regarding required inspections related issuance of permits.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
N/A
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Report Date: January 31, 2022
Author(s): Vicki Dodge
Department: Planning and Development
Chief Administrative Officer (Interim): Kerry Hilts