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Marsh Lake
Local Advisory Council
Meeting Minutes



July 10, 2002


1. Call Meeting To Order.

The Regular Meeting of July 10, 2002 was called to order at 7:04 p.m.

1A. Roll Call.

Present were Councillors Pam Blackburn, Helen Smith, Patrick Rouble, Malcolm Taggart and Pat Shaw.
Approximately 35 observers.

2. Amendments To Agenda.

Motion # 1.
Motion by Helen Smith to amend the agenda so that item #9, Discussion of Stop Sign at South M’Clintock Road, would follow item #3.
Second by Patrick Rouble.
Vote: Unanimous.
Motion # 1 Carried.

3. Adoption Of Previous Meeting Minutes.

Minutes of the June 2002 meeting were read by Administrator Gloria Johnson.

Motion # 2.
Motion by Pam Blackburn to accept the minutes as read.
Second by Pat Shaw.
Vote: 5 in favour.
Motion # 2 Carried.

4. Discussion of Stop Sign issue at South M’Clintock Road.

Councillor for Ward 4, Pam Blackburn, explained how confusion at the Y intersection between the Army Beach Road, the South M’Clintock Road and the access road to the highway, has created confusion and controversy over which road has the right of way. Department of Highways placed Stop and Yield signs, but removed them after local residents complained. In a letter from Mike McArthur of YTG, it was stated Highways would like to reconstruct the intersection into a T, but currently have no budget to do so.

Motion # 3.
Motion by Pam Blackburn to write a reply to Mike McArthur stating that No Major Traffic Study is necessary for this intersection. Budgeting should be done since residents agree that the simplest solution is to remove the island in the centre of the Y intersection to create a T intersection. In addition, the bluff should be levelled on the approach from the Army Beach road, since this currently obscures the stop sign for drivers. Also, it is recommended that trees should be cleared back from the curve on the South M’Clintock Road, so that oncoming traffic turning left into Army beach will be able to see any vehicles coming from South M’Clintock.
Second by Pat Shaw.
Vote: 5 in favour.
Motion # 3 Carried.

4A. (9.) Review Of Army Beach Neighbourhood Plan.

Councillor Pam Blackburn reported that LARC had met earlier today and has agreed with all recommendations brought forward by the Army Beach Neighbourhood Plan. Copies of the plan can be obtained through Judy Linton of Lands Branch.

Motion # 4.
Motion by Helen Smith to reply to LARC stating that, having gone through a public process using a steering committee to create the Army Beach Neighbourhood Plan, the LAC approves of recommendations within the plan. Council asks that LARC please accept the recommendations of the study.
Second by Patrick Rouble.
Vote: 5 in favour.
Motion # 4 Carried.

5. Discussion of Application for Subdivision of Lot 1103, J. McKinnon, Old Constabulary.

The LAC wishes to reiterate its position that major land applications and subdivision of lots within the LAC boundaries should be deferred by YTG and the Dept. Of Indian and Northern Affairs Canada, until the Land Use Plan is completed. The LAC has set a precedent with the subdivision application presented in June, of generally not supporting subdivision of lots, since the current trend in Marsh Lake is to increase lot size for permanent residents extend lots to accommodate wells, septic and permanent houses. This is a broad principal and all applications for subdivision must be reviewed as individual cases. It is also noted that there can be no caveats on a titled piece of property, and a landowner is free to apply for subdivision even if lot extension have been granted to the property in the past. The LAC recognises that Lot 1103 is currently twice the size of neighbouring lots, after receiving an extension to accommodate the owner’s contracting enterprise. Copies of correspondence sent to YTG by the next-door neighbours opposing the subdivision for various reasons, has been received by the LAC. Councillor for Ward 3, Malcolm Taggart, spoke with neighbours in Old Constabulary and was told they were opposed to subdividing in general. It was suggested that the Land Use Planning Steering Committee should address the current subdivision regulations and offer clearer standards for subdividing in the Marsh Lake area.

Motion # 5.
Motion by Helen Smith to reply to YTG with the following points. 1) The LAC does not take a position for or against on this application. 2) The LAC recognises that the lot is double the size of other area lots, but is uneasy with the principal of subdividing of lots that have received lot extensions in recent years. 3) There is strong opposition from the next-door neighbour and soft opposition by other neighbours to subdividing in general. 4) Some support was expressed for the rights of property owners to subdivide if they chose.
Second by Patrick Rouble.
Vote: 5 in favour.
Motion # 5 carried.

6. Review Of Boat Dock Application, F. Taylor, Lot 27 M’Clintock Place.

Discussion of this application was represented by both the applicant and neighbours. The LAC’s principals on boat applications are that
1) Generally docks are safer than having boats on beaches where there are swimmers.
2) Dock owners must not prevent pedestrians from climbing over docks during high water season. 3) The docks must be built safely and maintained according to Fisheries and Coast Guard standards.

Motion # 6.
Motion by Pam Blackburn to reply to M. Fraser of I.N.A.C. stating that the LAC has received 1 objection from a neighbour opposing this application for a boat dock. Council does not see any objection as long as access to Grayling Creek is still accessible by water and providing all Coast Guard and Fisheries guidelines are followed in the building of the dock.
Second by Helen Smith.
Vote: 5 in favour.
Motion #6 Carried.

7. Review of Application for driveway access, from Grayling Place to Lots 53, 54, & 55 M’Clintock Place, J. Watt, M’Clintock Place.

Correction: Lot numbers should read as Lots 52, 53, & 54 M’Clintock Place.

Mr. Watt presented his application for a lot extension to accommodate the building of a road to give access to the above 3 lots, all currently owned by him. On recommendations from YTG, Mr. Watt has been discouraged from creating accesses through M’Clintock Place, because it would involve placing a number of culverts on Grayling Creek. Mr. Watt feels he has gone to great expense to get this far with developing access to the lots on recommendations made to him by YTG.

The Council questions if YTG has a responsibility to find a solution that doesn’t involve having a landowner buy public property to put an access road to his surveyed lots. If it is necessary to purchase the land, then a full road allowance may not be necessary to create a driveway. Assuming culverts are not allowable, then an easement should be built in the corner of Lot 52 to access Lot 54. The question remains, if in the future, ownership of the 3 lots is separate, who will own the proposed road and how will access to the other two lots be maintained at that time?

Motion # 7.
Motion by Pam Blackburn to write a letter to YTG asking where the responsibility lays in creating access to Lots 52, 53 and 54, M’Clintock Place. The Council would also suggest deferring this application until it is established where the responsibility for access to surveyed lots belongs. As the application is currently written, the LAC opposes it. Council would like more information on why recommendations were made for the landowner to apply to build his own road.
Second by Patrick Rouble.
Vote: 5 in favour.
Motion # 7 Carried.

8. Review of Application for Commercial Lease, S. Greetham, Km 1438, Alaska Hwy (formerly Black Mike’s).

Due to the long agenda and lengthy discussions on each item, this night’s meeting has run to 10:00 pm. It is necessary for the remainder of tonight’s agenda be carried over to the next meeting.

Motion # 8.
Motion by Patrick Rouble to carry over agenda items 8, 10 and 11 until the regular meeting on August 14, 2002.
Second by Pat Shaw.
Vote: Unanimous.
Motion # 8 Carried.

12. Adjournment.

Motion #9.
Motion by Helen Smith to adjourn meeting.
Second by Pam Blackburn.
Vote: All in favour.
Motion # 9 Carried.
Meeting adjourned at 10:03 PM.



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