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CITY OF YORKTON
SASKATCHEWAN
REGULAR COUNCIL MEETING MINUTES
MAY 14, 2007

Minutes of a Regular Meeting of Council held on Monday, May 14, 2007 in Council Chambers City Hall commencing at 5:00 p.m.

Present: Mayor Chris Wyatt, Councillors Arnelien, DeRyk, Goulden, Maloney, Pearen and Wilson.

Staff Members Present: David Putz, Laurie-Anne Rusnak, Lonnie Kaal, Roger Hunter, Darcy McLeod, Dean Clark and Michael Buchholzer. Recording: Gloria Signarowski.

A quorum being present Mayor Chris Wyatt in the Chair called the meeting to order at 5:00 p.m.

APPROVAL OF AGENDA

*** R00147-2007
Arnelien – Goulden
That the Agendas for this Regular Meeting and Committee of the Whole Meeting be approved as presented.
Carried.***

***R00148-2007
DeRyk – Maloney
That Item No. 1.b. in the in-camera portion of the Committee of the Whole Council Agenda be moved into the open portion of the Committee of the Whole Council Meeting.
Carried.***

Voting on Resolution No. R00147-2007 that the Regular and Committee of the Whole Agendas be approved as amended.
Carried.***

PUBLIC ACKNOWLEDGEMENTS

Councillor Pearen acknowledged that Councillors Goulden and Maloney participated in the Yorkton Business Improvement District “Walk a Mile”. It was the first event for the Yorkton 125 and he encouraged the community at large to participate.
Councillor Wilson commented that Yorkton showed up in the top 50 in the “Money Sense” magazine as Canada’s best place to live. Yorkton was rated as No. 44 in Canada. The article took in many factors such as disposable income, housing, the sunshine factor, and quality of life.
Councillor Goulden attended a ribbon cutting at SIGN on Broadway noting the work that SIGN does, providing a great quality of life for the citizens of Yorkton and the donation by the Remai Family. She also noted that on June 2nd Her Royal Highness Princess Anne will be in Yorkton for a visit.
Mayor Wyatt, Councillor Maloney and 100 walkers attended the “Bell Walk a Mile” which is a fundraiser for the Bell Kid’s Help Line. Congratulations were extended to the organizers, especially Marlene Schrader. Mayor Wyatt noted that we are loosing one of our key staff members, after 22 years, Laurie-Anne Rusnak is taking a position with the City of Regina. He congratulated her on moving to a much bigger city and acknowledged the late hours she worked on a daily basis.
Laurie-Anne thanked Mayor Wyatt and Council acknowledging Yorkton is a great place, “where good things happen” and encouraged them to keep up the good work.

APPROVAL OF MINUTES

Regular Council Meeting Minutes – April 30, 2007

***R00149-2007
Maloney – Pearen
That the Regular Council Meeting Minutes of April 30, 2007 be approved as presented.
Carried.***

Committee of the Whole Council Meeting Minutes – April 30, 2007

***R00150-2007
DeRyk – Wilson
That the Committee of the Whole Council Meeting Minutes of April 30, 2007 be received and filed as presented.
Carried.***

HEARING OF PETITIONS, PUBLIC NOTICES AND PRESENTATIONS

Yorkton Parkland Committee on Problem Gambling –Proclamation

Problem Gambling Awareness Week – May 21st to 26th, 2007
A letter dated April 23, 2007 from the Career and Employment Services, Yorkton Parkland Committee on Problem Gambling was circulated for the consideration of Council. Mr. Brian Pohorelic, Chair of the Committee was present in Council Chambers to speak to their request.

***R00151-2007
Arnelien – DeRyk
That Council authorize Mayor Chris Wyatt to proclaim the week of May 21st to 26th, 2007 as “Problem Gambling Awareness Week” in the City of Yorkton.
Carried.***

Yorkton Short Film & Video Festival Inc. – 60th Year Celebration – Smith Street Closure

A letter received from the Yorkton Short Film & Video Festival Inc. regarding festivities for the 2007, 60th year celebration of the Film Festival was circulated for the consideration of Council. Ms. Fay Kowal, Executive Director was present in Council Chambers to speak to their request for a street closure.

***R00152-2007
Pearen – Wilson
That Council approval the street closure of Smith Street, both lanes, between Third and Fourth Avenues on Thursday, May 24th, between the hours of 7:00 a.m. to 9:00 p.m. as requested by the Yorkton Short Film & Video Festival.
Carried.***

REPORTS OF COMMISSIONS, COMMITTEES AND MATTERS REFERRED

Janet Hill – The Assiniboine Watershed Stewardship Association Inc.

A report dated May 2007 from Mrs. Janet Hill Committee Member of the Assiniboine Watershed Stewardship Association Inc. was circulated for the consideration of Council. Mrs. Hill was present in Council Chambers to speak to her report.

***R00153-2007
Wilson – Maloney
That the report dated May 2007 from the Assiniboine Watershed Stewardship Association Inc. be received and filed as presented.
Carried.***

Mrs. Hill noted that a Member of Council should be appointed to sit on the Assiniboine Watershed Stewardship Association Inc. Board.

Good Spirit REDA
– Enterprise Zone Incentive Program Policy 10.430

A memorandum dated May 9, 2007 from the Good Spirit REDA regarding an amendment to the EZIP Program was circulated for the consideration of Council.
Mr. Gord Bulmer, General Manager of the Good Spirit REDA was present in Council Chambers to speak to the amendment.

***R00154-2007
DeRyk – Goulden
That Council accept the recommendation of the Yorkton Economic Development Commission that the EZIP policy 10.430 “Business Creation and Expansion Incentive” component be modified as follows:
a) To include within the policy a category for “Vacant/Derelict Property” which would be defined as any property deemed vacant by the City of Yorkton for a Minimum of three years within the EZIP Zone.
b) That the new property owners be eligible for property tax abatement as follows: 100% for the first year and 50% for the 2nd year.
Carried.***

- Development Policy – Industrial Development Projects Policy 10.280

A memorandum dated May 9, 2007 from the Good Spirit REDA regarding an amendment to the Industrial Incentive Policy (10.280) was circulated for the consideration of Council.
Mr. Gord Bulmer, General Manager of the Good Spirit REDA was present in Council Chambers to speak to the amendment.

***R00155-2007
DeRyk – Maloney
That Council accept the amendment of the Yorkton Economic Development Commission that an industrial business operating within the City of Yorkton that is currently classified under the City’s Zoning Bylaw as “an existing non-conforming use” qualifies under the industrial incentive program, and that if the applicant’s application is approved under the Industrial Incentive Policy 10.280, the applicant must agree that their existing property will then be made to conform under the City’s Zoning Bylaw or if the property is sold, the purchaser must agree to meet the “conforming use” condition as defined under the City of Yorkton Zoning Bylaw.
Carried.***

CORRESPONDENCE

Good Spirit School Division No. 204 – 2007 Mill Rate

A letter dated May 1, 2007 from the Good Spirit School Division regarding the 2007 Mill Rate was circulated for the consideration of Council.

***R00156-2007
Goulden – Pearen
That Council direct Administration to prepare a report for the next Council Meeting regarding the implications of preparing a separate tax notice this year for the schools.
Carried.***

Christ the Teacher Roman Catholic Separate School Division No. 212 – 2007 Mill Rate

A letter dated May 1, 2007 from the Christ the Teacher Roman Catholic Separate School Division No. 212 regarding the 2007 Mill Rate was circulated for the consideration of Council.

***R00157-2007
DeRyk – Arnelien
That we receive and file the letters dated May 1, 2007 from the Good Spirit School Division No. 204 and Christ the Teacher Roman Catholic Separate School Division No. 212 regarding their 2007 mill rates.
Carried.***

Scouts Canada – Stave Hall (Scout Hall corner of Betts and Dunlop)

A letter dated April 13, 2007 from the Good Spirit Area Commissioner of Scouts Canada Saskatchewan Council regarding Stave Hall was circulated for the consideration of Council.

***R00158-2007
Goulden – Maloney
That Council direct Administration to take the necessary steps to assume the responsibility for Stave Hall (Scout Hall on Betts and Dunlop) effective May 31st, 2007.
Carried.***

INTRODUCTION OF BYLAWS

Bylaw No. 4/2007 -Amend Leisure Services Commission Bylaw No. 2/2004

***R00159-2007
Goulden – Maloney
That Bylaw No. 4/2007, a bylaw of the City of Yorkton to amend Bylaw No. 2/2004 providing for the appointment of a Leisure Services Commission be introduced and read a first time this 14th day of May A.D. 2007.
Carried.***

***R00160-2007
Arnelien – Pearen
That Bylaw No. 4/2007 be read a second time this 14th day of May A.D. 2007.
Carried.***

***R00161-2007
Goulden - Maloney
That Bylaw No. 4/2007 receive all three readings this 14th day of May A.D. 2007.
Carried Unanimously.***

***R00162-2007
Arnelien – DeRyk
That Bylaw No. 4/2007, a bylaw of the City of Yorkton to amend Bylaw No. 2/2004 providing for the appointment of a Leisure Services Commission be read a third time this 14th day of May A.D. 2007 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 5/2007 – Amend Water and Sewer Rates Bylaw No. 20/2006

***R00163-2007
Arnelien – Pearen
That Bylaw No. 5/2007, a bylaw of the City of Yorkton to amend Bylaw No. 20/2006 establishing a water and sewer rates bylaw be introduced and read a first time this 14th day of May A.D. 2007.
Carried.***

***R00164-2007
Wilson – DeRyk
That Bylaw No. 5/2007 be amended in Section 1. 2) Meter Deposit be increased to $250.00 for non-owned Residential & Commercial/Industrial.
Councillors Arnelien, Goulden, Maloney and Pearen opposed.
Motion Defeated.***

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 5:52 p.m. and it reverted back at 5:53 p.m.

***R00165-2007
Goulden – DeRyk
That Bylaw No. 5/2007 be amended in Section 1. 2) Meter Deposit be increased to $150.00 for non-owned Residential and Commercial/Industrial.
Carried.***

***R00166-2007
DeRyk – Maloney
That Bylaw No. 5/2007 be read a second time this 14th day of May A.D. 2007 as amended.
Carried.***

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 5:59 p.m. and it reverted back at 6:00 p.m.

***R00167-2007
Goulden – Maloney
That Bylaw No. 5/2007 receive all three readings this 14th day of May A.D. 2007 as amended.
Carried Unanimously.***

***R00168-2007
Arnelien – Wilson
That Bylaw No. 5/2007, a bylaw of the City of Yorkton to amend Bylaw No. 20/2006 establishing a water and sewer rates bylaw as amended be read a third time this 14th day of May A.D. 2007 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

It was noted that a report will be brought back by the Director of Finance on the Yorkville Utility Board regarding their servicing agreement.

Bylaw No. 6/2007 – Fixing 2007 Mill Rate and Provide for a Business Improvement District Levy

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 6:14 p.m. and it reverted back at 6:14 p.m.

***R00169-2007
Pearen – Wilson
That Bylaw No. 6/2007, a bylaw of the City of Yorkton fixing the mill rate for the year 2007 and providing for a business improvement district levy was introduced and read a first time this 14th day of May A.D. 2007.
Carried.***

***R00170-2007
Wilson – Goulden
That Bylaw No. 6/2007 be read a second time this 14th day of May A.D. 2007.
Carried.***

***R00171-2007
Goulden – Pearen
That Bylaw No. 6/2007 receive all three readings this 14th day of May A.D. 2007.
Carried Unanimously.***

***R00172-2007
Arnelien – DeRyk
That Bylaw No. 6/2007, a bylaw of the City of Yorkton fixing the mill rate for the year 2007 and providing for a business improvement district levy be read a third time this 14th day of May A.D. 2007 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

City Clerk/Director of Human Resources – Rescind Resolution R00109-2007

A report dated May 11, 2007 from the City Clerk/Director of Human Resources regarding rescinding Resolution No. R00109-2007 was circulated for the consideration of Council.

***R00173-2007
DeRyk – Goulden
That Resolution No. R00109-2007 as contained in the Regular Council Meeting Minutes of April 16th, 2007 providing for a base tax of $50.00 for Public Works core services be rescinded and that the notice requirements of Procedure Bylaw No. 45/2003 Subsection 23.1 be waived.
Carried.***

Bylaw No. 7/2007 – Establish Mill Rate Factors for classes & sub-Classes of Land and Improvements and Provide for a Base Tax

***R00174-2007
Arnelien – Wilson
That Bylaw No. 7/2007 a bylaw of the City of Yorkton to establish mill rate factors for classes and sub-classes of land and improvements and to provide for a base tax be introduced and read a first time this 14th day of May A.D. 2007.
Carried.***

***R00175-2007
Pearen – Maloney
That Bylaw No. 7/2007 be read a second time this 14th day of May A.D. 2007.

***R00176-2007
DeRyk – Maloney
That Section 1. M – Multi-Unit of Bylaw No. 7/2007 be amended to read 33.50 for the effective mill rate.
Carried.***

Voting on second reading as amended.
Carried.***


***R00177-2007
Goulden - Pearen
That Bylaw No. 7/2007 receive all three readings this 14th day of May A.D. 2007 as amended.
Carried Unanimously.***

***R00178-2007
Maloney – DeRyk
That Bylaw No. 7/2007 a bylaw of the City of Yorkton to establish mill rate factors for classes and sub-classes of land and improvements and to provide for a base tax be read a third time this 14th day of May A.D. 2007 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 8/2007 – a bylaw to establish sub-classes of land and improvements for tax purposes

***R00179-2007
Wilson – Maloney
That Bylaw No. 8/2007 a bylaw of the City of Yorkton to establish sub-classes of land and improvements for tax purposes be introduced and read a first time this 14th day of May A.D. 2007.
Carried.***

***R00180-2007
Pearen – DeRyk
That Bylaw No. 8/2007 be read a second time this 14th day of May A.D. 2007.
Carried.***

***R00181-2007
Goulden – Wilson
That Bylaw No. 8/2007 receive all three readings this 14th day of May A.D. 2007.
Carried Unanimously.***

***R00182-2007
DeRyk – Goulden
That Bylaw No. 8/2007 a bylaw of the City of Yorkton to establish sub-classes of land and improvements for tax purposes be read a third time this 14th day of May A.D. 2007 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 9/2007 – Amend Zoning Bylaw No. 14/2003 – Contract Zone (198 Myrtle Avenue)

***R00183-2007
Arnelien – Pearen
That we approve the application for rezoning the property from C-1 – City Centre commercial District to R-5 – Mixed Density Residential District, subject to: 1. The owners entering into a Contract with the City of Yorkton establishing conditions that would have to be met for the use to be recognized as a legal conforming use, and 2. The registration of a caveat on Title, as required by The Planning and Development Act, 1983.
Carried.***

***R00184-2007
DeRyk – Pearen
That Bylaw No. 9/2007 to amend Zoning Bylaw No. 14/2003 providing for a contract zone at 198 Myrtle Avenue be introduced and read a first time this 14th day of May A.D. 2007.
Carried.***

ADMINISTRATIVE REPORTS

Director of Leisure Services – J.C. Beach Recreation Area Road Closure

A report dated May 3, 2007 from the Director of Leisure Services regarding a road closure was circulated for the consideration of Council.

***R00185-2007
Wilson – Maloney
That Council support the closure of the roads within the J.C. Beach Recreation Area west of the Kinsmen Arena/Lions Ball Park, east of the Ducks Unlimited/Western Development Museum and south of the J.C. Beach Picnic Area and authorize Administration to prepare the necessary bylaw and public notice requirements.

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 6:36 p.m. and it reverted back at 6:37 p.m.

Carried.***

City Clerk/Director of Human Resources – Fire Fighters Arbitration Award

A report dated May 11, 2007 from the City Clerk/Director of Human Resources regarding the Fire Fighters Arbitration Award was circulated for the consideration of Council.

***R00186-2007
Arnelien – Wilson
That Council implement the April 26, 2007 Fire Fighter Arbitration Award recognizing that there will be an over budget in excess of $100,000 in 2007 with additional funding being utilized from previous Fire Department reserves; and authorize the proper signing officers to execute the Collective Agreement with Fire Fighters Local 1527 for 2005 to 2007 providing for wage increases of 4% in each year and reclassifications for 10th year Fire Fighter from 102% to 105% and Lieutenant from 110% to Captain at 120% subject to meeting the training provisions and timelines as outlined in the Award and adjust the residential base tax in 2008, and Further that Council proceed to lobby the Province to amend The Fire Department Platoon Act and through strategic planning, look at the long-term plans for fire protection services and implement the Fire Department Strategic Master Plan within established time lines.

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 6:55 p.m. and it reverted back at 6:55 p.m.

Carried.***

***R00187-2007
DeRyk – Maloney
That the Administration prepare a report for the June 18th , 2007 Council Meeting with the feasibility of implementing Options 4, 5, 6 & 7 (in the attached report) along with a strategy and what the possible outcome(s) would be by taking those steps.

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 6:58 p.m. and it reverted back at 6:59 p.m.
Carried.***

***R00188-2007
Wilson – Arnelien
That focus groups, a survey and whatever other avenues Administration determines reasonable, be held to discuss the various fire department service delivery models and level of service and have the citizens of Yorkton decide what type of Fire Department they are willing to pay for and that a report be brought back by mid October 2007.

Mayor Wyatt passed the Chair to Deputy Mayor Goulden at 7:05 p.m. and it reverted back at 7:06 p.m.

Carried.***
***R00189-2007
Wilson – Maloney
That this Regular Council Meeting move into a Committee of the Whole Council Meeting at 7:07 p.m.
Carried.***

***R00190-2007
Maloney – Pearen
That we rise and report from the Committee of the Whole Council Meeting of May 14th, 2007 at 8:16 p.m.
Carried.***

Kahkewistahaw Proposed Smoking Bylaw [27.10(e)(i)(iii)&(j)]

***R00191-2007
Wilson – Maloney
That we accept Recommendation No. C00048-2007 as contained in the Committee of the Whole Council Meeting Minutes of May 14th, 2007 that we accept Options 1 and 4 as stated in the report from the City Manager dated May 10, 2007, Option 1 being to send a letter to the Kahkewistahaw First Nation advising that the proposed bylaw is not compatible with City Bylaw No. 38/2003 being the City’s Non-Smoking Bylaw and request that it be amended accordingly; and Option 4 being to attempt to negotiate an amendment that Council would deem acceptable for the Community.
Carried.***

***R00192-2007
DeRyk – Wilson
That we accept Recommendation No. C00049-2007 as contained in the Committee of the Whole Council Meeting Minutes of May 14th, 2007 that a letter be sent to the Province of Saskatchewan with copies to other cities requesting the Province to adopt legislation banning smoking in the workplace.
Carried.***

Personnel Matter – Councillor Goulden (verbal) [27.10(e)(ii)(iii)(iv)]

***R00193-2007
Maloney – DeRyk
That we accept Recommendation No. C00051-2007 as contained in the Committee of the Whole Council Meeting Minutes of May 14, 2007 that we continue negotiations regarding splitting the Management Structure at the Gallagher Centre.
Carried.***

***R00194-2007
DeRyk – Maloney
That this Regular Council Meeting adjourn at 8:18 p.m.
Carried.***

Approved this 28th day of May 2007.

Chris Wyatt
MAYOR

Laurie-Anne Rusnak
CITY CLERK