Print Back to Calendar Return
RFD- 3335 Bylaws   Item #   9. c.    
Regular Council Meeting Agenda
Meeting Date: 06/11/2018  
Title:    C-1048-18 - All Three Readings - Revised Municipal Historic Resource Designation Bylaw - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal: n/a

Request for Decision Summary
The purpose of this Request for Decision is to seek Council's support for all three readings of Bylaw C-1048-18 to revise existing Bylaw C-810-12 - Municipal Historic Resource Designation Bylaw to add Lot 1, Block 1, Plan 132 4566 as the exact legal land description for the subject lands.

Administration supports this bylaw revision. Adding this legal land description will allow registration of this bylaw on the parcel's land title per the requirements of the Historical Resources Act.

Proposed Motion
That first reading be given to Bylaw C-1048-18 - Revised Municipal Historic Resource Designation Bylaw.

That second reading be given to Bylaw C-1048-18 - Revised Municipal Historic Resource Designation Bylaw.
That unanimous consent be given to proceed with third reading of Bylaw C-1048-18 - Revised Municipal Historic Resource Bylaw.
That third reading be given to Bylaw C-1048-18 - Revised Municipal Historic Resource Bylaw.

Bylaw C-810-12 was passed to identify a building known as the McLaughlin/Nelson House and the land it sits upon as a Municipal Historic Resource.  At the time of the original bylaw's passing the lands were being subdivided to reflect the agreed parcel needed to accommodate the historic building, and this unsubdivided but intended parcel was identified on a map attached to the bylaw as Schedule A. 

The Provincial Historic Resources Act requires a municipality to register any historic resource designation bylaw on the subject parcel's title, and during this registration process it was rejected at Land Titles due to its not having an "exact legal description".  

In the time since Bylaw C-810-12 was originally passed, the subject parcel was registered as Lot 1, Block 1, Plan  132 4566.  Making a revision to Bylaw C-810-12 to add the parcel's legal land description to its Schedule A would allow the Bylaw's registration in the manner intended by the original Bylaw.  We advise that a revision to an existing bylaw is provided for under Section 63 of the MGA where it can be revised "without materially affecting the bylaw in principle or substance… to bring out  more clearly  what is considered to be the meaning of the bylaw or to improve the expression of the bylaw ".  In so much as this proposed revision is to simply express the parcel's legal description in Schedule A (see Attachment A) to make it acceptable at Land Titles, the substance of what Council originally approved has not changed.  This revision has been reviewed and certified by the Chief Administrative Officer as being prepared in accordance with MGA Section 63.

Bylaw C-810-12 was approved subsequent to a public hearing.  The City's legal counsel has advised that a public hearing is not required by the MGA to revise the bylaw.

Administration has advised the landowner of this intended revision and of its need to finalize their desired Historical Resource Designation for their building and land.
Planning and Development shall register this revised Bylaw C-1048-18 on the title of Lot 1, Block 1, Plan 132 4566. 
Revised Bylaw C-1048-18 shall be registered on the title of Lot 1, Block 1, Plan 132 4566 to complete the requirements under the Historic Resources Act to designate the McLaughlin/Nelson House and Land as a municipal historic resource.
Attachment A: C-1048-18
Attachment B: CAO Certification

City Council and Committee of the Whole agendas and minutes are posted on the City of Spruce Grove website for information purposes only. These agendas may be changed at the discretion of Council by the addition or deletion of items. Anyone reviewing the draft agenda should do so on the understanding that it is subject to change by Council.

All attachments are in PDF format, and require the Adobe Acrobat Reader plug-in for viewing.

Audio from the most recent City Council and Committee of the Whole meetings are available via podcast on the City of Spruce Grove website.

AgendaQuick©2005 - 2019 Destiny Software Inc., All Rights Reserved