Title
Bylaw 2021-03 Road Closure for Purpose of Lease, Plan 1143MC, N.W. 32-53-5-W5M
Proposed Motions
1. That Bylaw 2021-03 receive second reading.
2. That Bylaw 2021-03 receive third and final reading.
3. That Council approve authorization of electronic signature for Bylaw 2021-03 in accordance with Section 213 of the Municipal Government Act.
Body
Administration Recommendation
Administration supports the proposed motions.
Purpose
To close a portion of Road Plan 1143MC for the purpose of leasing.
Summary
A request was received to close to a portion of Road Plan 1143MC for the purposes of leasing. The portion of road to be closed and leased on Road Plan 1143MC is 437m east of Camp He Ho Ha’s development area, to the termination point of the roadway as shown on the attached images.
Camp He Ho Ha, which is within a disposition with Alberta Environment and Parks, is at the north end of this portion of Range Road 55 informed the County they have been experiencing increased cases of trespassing, vandalism, theft and illegal dumping. The closure for purposes of lease will allow the Camp to install a gate and close the roadway for public access, thereby limiting activity accessing the site to facility and program traffic only.
The attached lease includes a condition that Camp He Ho Ha build a turnaround prior to a point where the public reaches the closed portion of the roadway and away from the local resident’s driveways. The County has completed in-house turnaround design work in-kind.
The Municipal Government Act (MGA) of Alberta requires road closure bylaws to be advertised, hold approval from the Minister of Transportation and allows persons who claim harm by the bylaw to be heard by Council. The County has satisfied legislative requirements by advertising and conducting a public hearing on March 9, 2021 and then reconvened April 27, 2021.
In response to concerns brought forward through the public hearing process, County's Road Maintenance is having signs installed to help direct public vehicles to a boat launch east of the Camp He Ho Ha/ Sunset Beach area.
Council gave Bylaw 2021-03 first reading at a regular meeting of Council on April 27, 2021. Bylaw 2021-03 was signed by the Minister of Transportation and received by the County on August 30, 2021.
The applicant is a not-for-profit organization; the annual lease fee will be $1.00 as per the 2021 Fees and Charges Schedule.
Strategic Plan/Policy/Legal/Staff Implications:
Section 22(4) and Section 606, Municipal Government Act
Policy EN 009 Road Allowance and Diversions - Sales, Lease or Permitting
Financial Impact:
Cost: n/a
Source of Funding: n/a