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CITY OF YORKTON
SASKATCHEWAN
REGULAR COUNCIL MEETING MINUTES
JANUARY 12, 2009

Minutes of a Regular Meeting of Council held on Monday, January 9, 2009 in Council Chambers City Hall commencing at 5:00 p.m.

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

Absent: Councillor Larry Pearen.

Staff Members Present: David Putz, Bonnie Schenher, Lonnie Kaal, Roger Hunter, Darcy McLeod, Dean Clark, Tricia Strutynski, Maureen Berard, Garvin Todosichuk, and Kelly Kaban. 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

***R00001-2009
Arnelien – Goulden
That the Regular Agenda and Committee of the Whole Council Agenda be approved as presented.
Carried.**
*

PUBLIC ACKNOWLEDGEMENTS

Councillor Goulden wished everyone a very Merry Christmas and a Happy New Year in Ukrainian.

APPROVAL OF MINUTES

Regular Council Meeting Minutes – December 15, 2008

***R00002-2009
Wilson – Maloney
That the Regular Council Meeting Minutes of December 15, 2008 be received and filed as presented.
Carried.***

Committee of the Whole Council Meeting Minutes – December 15, 2008

***R00003-2009
DeRyk – Arnelien
That the Committee of the Whole Council Meeting Minutes of December 15, 2008 be received and filed as presented.
Carried.***

Councillor Goulden declared a pecuniary interest for the next item on the Agenda and left Council Chambers at 5:01 p.m.

HEARING OF PETITIONS, PUBLIC NOTICES AND PRESENTATIONS

Tourism Yorkton – 2008 Annual Report

A letter dated December 4, 2008 from the President of Tourism Yorkton was circulated for the consideration of Council.
Mr. Neil Thom, President was present in Council Chambers to make a presentation to Council.

***R00004-2009
Arnelien – DeRyk
That the 2008 Tourism Annual Report be received and filed as presented.
Carried.***

Councillor Goulden returned to Council Chambers at 5:06 p.m.

Public Notice – Bylaw No. 47/2008 – Lane Closure – Block 15, Plan 99Y07581

There were no petitioners present in Council Chambers to speak for or against Bylaw No. 47/2008, a bylaw to provide for the closure of a lane in Block 15, Plan 99Y07581.

Public Notice – Bylaw No. 48/2008 – Lane Closure – Fire Hall

There were no petitioners present in Council Chambers to speak for or against Bylaw No. 48/2008, a bylaw to provide for the closure of a lane on all that portion of lane in Block 12, Plan 27474, and east of the easterly limit of First Avenue and west of the westerly limit of Second Avenue and south of a line joining the north easterly corner of Lot 44 to the north westerly corner of Lot 7, in said block as shown on said registered plan.

REPORTS OF COMMISSIONS, COMMITTEES AND MATTERS REFERRED

Protective Services Commission Meeting Minutes – December 16, 2008

***R00005-2009
Wilson – Arnelien
That the Protective Services Commission Meeting Minutes of December 16, 2008 be received and filed as presented.
Carried.***

The Chair was passed to Deputy Mayor Goulden at 5:11 p.m. and it reverted back at 5:12 p.m.

INTRODUCTION OF BYLAWS

Bylaw No. 42/2008 – Leisure Services Committee Bylaw

***R00006-2009
Goulden – Arnelien
That Bylaw No. 42/2008 a bylaw of the City of Yorkton providing for the appointment of a Leisure Services Committee be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00007-2009
Arnelien – Maloney
That Bylaw No. 42/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00008-2009
Goulden – Maloney
That Bylaw No. 42/2008 receive all three readings this 12th day of January A.D. 2009.
Carried unanimously.***

***R00009-2009
Arnelien – Wilson
That Bylaw No. 42/2008, a bylaw of the City of Yorkton providing for the appointment of a Leisure Services Committee be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 43/2008 – Economic Development Committee Bylaw

***R00010-2009
Wilson – Maloney
That Bylaw No. 43/2008, a bylaw of the City of Yorkton providing for the appointment of an Economic Development Committee be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00011-2009
Goulden – DeRyk
That Bylaw No. 43/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00012-2009
Goulden – Maloney
That Bylaw No. 43/2008 receive all three readings this 12th day of January A.D. 2009.
Carried Unanimously.***

***R00013-2009
Arnelien – Maloney
That Bylaw No. 43/2008, a bylaw of the City of Yorkton providing for the appointment of an Economic Development Committee be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 44/2008 – Protective Services Committee Bylaw

***R00014-2009
DeRyk – Wilson
That Bylaw No. 44/2008, a bylaw of the City of Yorkton to provide for the appointment of a Protective Services Committee be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00015-2009
Wilson – Maloney
That Bylaw No. 44/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00016-2009
Goulden – Wilson
That Bylaw No. 44/2008 receive all three readings this 12th day of January A.D. 2009.
Carried Unanimously.***

***R00017-2009
Arnelien – DeRyk
That Bylaw No. 44/2008, a bylaw of the City of Yorkton to provide for the appointment of a Protective Services Committee be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 45/2008 – Municipal Planning Commission Bylaw

***R00018-2009
Wilson – Maloney
That Bylaw No. 45/2008, a bylaw of the City of Yorkton to provide for the appointment of a Municipal Planning Commission be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00019-2009
Arnelien – Maloney
That Bylaw No. 45/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00020-2009
Goulden – DeRyk
That Bylaw No. 45/2008 receive all three readings this 12th day of January A.D. 2009.
Carried Unanimously.***

***R00021-2009
Arnelien – Maloney
That Bylaw No. 45/2008 a bylaw of the City of Yorkton providing for the appointment of a Municipal Planning Commission be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 46/2008 – Yorkton Housing Corporation Board Bylaw

***R00022-2009
Goulden – Wilson
That Bylaw No. 46/2008 a bylaw of the City of Yorkton to appoint the Yorkton Housing Corporation Board be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00023-2009
Arnelien – Maloney
That Bylaw No. 46/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00024-2009
DeRyk – Wilson
That Bylaw No. 46/2008 receive all three readings this 12th day of January A.D. 2009.
Carried Unanimously.

***R00025-2009
Arnelien – Maloney
That Bylaw No. 46/2008 a bylaw of the City of Yorkton to appoint the Yorkton Housing Corporation Board be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 49/2008 – Amend Procedure Bylaw No. 45/2003

***R00026-2009
Maloney – Wilson
That Bylaw No. 49/2008 a bylaw of the City of Yorkton to amend Bylaw No. 45/2003, the Procedure Bylaw be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00027-2009
Wilson – Maloney
That Bylaw No. 49/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00028-2009
Goulden – DeRyk
That Bylaw No. 49/2008 receive all three readings this 12th day of January A.D. 2009.
Carried Unanimously.***

***R00029-2009
Arnelien – DeRyk
That Bylaw No. 49/2008, a bylaw of the City of Yorkton to amend Bylaw No. 45/2003 be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 47/2008 – Lane Closure – Block 15, Plan 99Y07581

***R00030-2009
Arnelien – Wilson
That Bylaw No. 47/2008 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00031-2009
DeRyk – Wilson
That Bylaw No. 47/2008 a bylaw of the City of Yorkton to provide for the permanent closure of one laneway, all that portion of the lane contained in Block 15, Plan No. 9907581, lying to the east of the easterly limit of McLeod Avenue and to the west of the westerly limit of Lawrence Avenue be read a third time this 12th day of January A.D. 2009 and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 48/2008 – Lane Closure – Fire Hall

***R00032-2009
Goulden – Wilson
That Bylaw No. 48/2008 be read a second time this 12th day of January A.D. 2008.
Carried.***

***R00033-2009
Wilson – Maloney
That Bylaw No. 48/2008, a bylaw of the City of Yorkton to provide for the permanent closure of one late being all that portion of lane in Block 12, Registered Plan 27474, Yorkton, Saskatchewan lying east of the easterly limit of First Avenue and west of the westerly limit of Second Avenue and south of a line joining the north easterly corner of Lot 44 to the north westerly corner of Lot 7, in said Block as shown on a registered plan be read a third time this 12th day of January A.D. 2009 and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 1/2009 – Exemption of Taxation – EZIP

***R00034-2009
Wilson – Maloney
That Bylaw No. 1/2009, a bylaw of the City of Yorkton to provide for the exemption of taxation for certain properties within the Enterprise Zone Incentive Program in the City of Yorkton be introduced and read a first time this 12th day of January A.D. 2009.
Carried.***

***R00035-2009
Arnelien – Wilson
That Bylaw No. 1/2009 be read a second time this 12th day of January A.D. 2009.
Carried.***

***R00036-2009
Goulden – Maloney
That Bylaw No. 1/2009 receive all three readings this 12th day of January A.D. 2009.
Carried Unanimously.***

***R00037-2009
Maloney – DeRyk
That Bylaw No. 1/2009 a bylaw of the City of Yorkton to provide for the exemption of taxation for certain properties within the Enterprise Zone Incentive Program in the City of Yorkton be read a third time this 12th day of January A.D. 2009 after unanimous agreement had been reached to have third reading and registered in the Bylaw Register of the City of Yorkton.
Carried.***

ADMINISTRATIVE REPORTS

Director of Planning and Engineering – Proposed Subdivision – Fire Hall Lands

A report dated December 11, 2008 from the Director of Planning and Engineering regarding the execution of the proposed subdivision for fire hall lands was circulated for the consideration of Council.

***R00038-2009
Maloney – Arnelien
That the Mayor and City Clerk be authorized to execute the Proposed Subdivision Plan and issue a Certificate of Approval for the Yorkton Fire Hall property (located at Block 12, Plan No. 27474 and 20767, 9 Smith Street East).
Carried.***

Annexation of Portions of the R.M. of Wallace No. 243

A report dated January 9, 2009 from the Director of Planning and Engineering regarding annexation of portions of the R.M. of Wallace No. 243 was circulated for the consideration of Council.

***R00039-2009
DeRyk – Maloney
WHEREAS the City of Yorkton requires additional lands to support the continuing urban growth within the City;

AND WHEREAS the City of Yorkton deems it necessary to protect the long-term interests of the City;

AND WHEREAS the City of Yorkton considers that the following quarter sections would be the minimum required to sustain continued growth in the City for the next 5-years:

AND WHEREAS the City of Yorkton provides a number of regional scale facilities that would be in jeopardy without proper land use controls and development standards, as indicated below:

1. The City has made a considerable investment in providing additional water treatment capacity and sewage treatment capacity, which will allow further expansion into the proposed annexation area.

2. Annexation will provide a basis for sound long-term planning for future development and the very significant capital investment required to provide roads, water, sewer and storm sewer. Good City planning will also benefit school boards and major utilities such as Sask Power, Sask Energy and Sask Tel. Good Municipal planning also assists the Province and the Department of Highways with planning future routes as well as capital and operating expenditures.

3. The City is looking towards the future, and annexation is the only way of adding additional development lands for future urban growth.

4. The continued pressure for additional lots and highway commercial subdivision will soon outpace the supply of land in Yorkton. It is in the Province's, City's and area’s best interest to provide additional serviced land for development, since a growing Yorkton contributes to the economic well being of the residents of Yorkton and area as well as the Province as a whole.

5. The City has been approached by two landowners who have requested that the City annex their properties into Yorkton. These are:

Rist and Elke Bros. Developments
This development company owns S1/2 6-26-3W2, which is approximately 49.69 ha (122.78 ac.) This company is intending to develop approximately 250 to 300 residential lots. The proposed concept plan has been prepared, and it is anticipated that a draft plan of subdivision will be submitted in the near future. An application for Annexation and Rezoning has been received by the City.

New Holland Farm Equipment
New Holland has indicated in writing to the City that it is nearing completion of a major expansion, and that because of the size of the structure they will need to sprinkler the building. As such, they have asked for amalgamation to access the City’s water supply system.

6. The City has the capability of improving the quality of development in areas adjacent to the City, which is in the long-term interests of both the City and the two RMs.

7. Providing new lands that are capable of a greater density of development than the two RMs can provide is part of the principles behind the Smart Growth initiative. It is a more efficient use of land, thus preserving more rural lands for agricultural activities.

8. The two RMs have permitted development at standards that are well below those of the City. This results in the City having to upgrade key municipal services, at considerable cost to the City. Developments such as the Pleasant Heights and Collacott make it much more expensive to annex, and therefore is a major hindrance to the expansion of the City of Yorkton to provide additional lands to meet anticipated development needs.

9. There have been a number of large-lot rural subdivision applications, and these will make the extension of urban services even more expensive for future expansion.

10. The RMs do not provide water treatment, sewage treatment and sanitary landfill facilities.

11. The residents in the annexed area would have access to Garbage and recycling collection services the same as all other residents in the City.

12. The City has an extensive network of local parks, and will soon be introducing a pedestrian/bicycle network of pathways throughout the City. The City anticipates facilitating the connection of Pleasant Heights and Collacott subdivisions to these pathways.

13. The City has bargained in good faith with the RM of Wallace No. 243’s Council, and removed 20 Quarter Sections from the City’s initial proposal, which does not provide the City the ability to protect long term projects such as the western Truck Route, the Grain Millers Road truck route, or sensitive groundwater resources. The RM Council has offered to allow us to annex portions of two Quarter Sections.

BE IT RESOLVED That the City of Yorkton is hereby requesting to apply for an alteration to the municipal boundaries of the City of Yorkton by proposing to include the lands identified by the following legal descriptions and as outlined on Schedule A as attached.

• All those portions of the NW ¼ and the SW ¼ of Section 7 in Twp. 26, Rge. 3 W2M lying in the R.M of Wallace No. 243
• All of Section 6 in Twp. 26, Rge. 3 W2M lying in the R.M of Wallace No. 243
• All of Section 31 in Twp. 25, Rge 3 W2M lying in the R.M of Wallace No. 243
• All those portions of the NW ¼ and SW ¼ of Section 5 in Twp. 26, Rge. 3 W2M lying in the R.M of Wallace No. 243
• All those portions of the NW ¼ of Section 32 in Twp. 25, Rge. 3 W2M lying in the R.M of Wallace No. 243
• All those portions of the NW ¼ of Section 30 in Twp. 25, Rge. 3 W2M lying in the R.M of Wallace No. 243.”
Carried.***

Schedule 'A'

Director of Leisure Services – Deer Park Golf Course – Couples Rate Re-instatement

A report dated January 7, 2009 from the Director of Leisure Services regarding the Couples Rate re-instatement at Deer Park Golf Course was circulated for the consideration of Council.

***R00040-2009
Goulden – Maloney
That the Couples Rate be re-instated at a rate of 165% of the Adult season pass, which would be $1,675.75, further that it be re-named the Spousal season pass to better describe the intent of the rate.

***R00041-2009
DeRyk – Arnelien
And further that the couples rate be phased in over the next three seasons at the rate of 165% and progressively to 175% and 185% of the Adult Season pass.

Voting on the amendment.
Mayor Wyatt opposed.
Carried.***

Voting on the motion as amended.
Mayor Wyatt opposed.
Carried.***

The Chair was passed to Deputy Mayor Goulden at 5:36 p.m. and it reverted back at 5:37 p.m.

Councillor Goulden declared a pecuniary interest for the next item on the Agenda and left Council Chambers at 5:41 p.m.

Director of Leisure Services - Request to Waive Rent – Tourism Yorkton

A report dated December 29, 2008 from the Director of Leisure Services regarding a request to waive rent for Tourism Yorkton was circulated for the consideration of Council.

***R00042-2009
Arnelien – DeRyk
That Council deny the request to waive Tourism Yorkton’s rent but further, approve an increase in the annual funding allocation to Tourism Yorkton in the amount of $3,300.00 to offset their annual rental amount.
Carried.***

Councillor Goulden returned to Council Chambers at 5:47 p.m.

Director of Finance – Yorkton Housing Corporation

A report dated January 2, 2009 from the Director of Finance regarding the Yorkton Housing Corporation was circulated for the consideration of Council.

***R00043-2009
Goulden – Wilson
That a Strategic Planning Session be scheduled to discuss the 2009 budget and long term objectives of the Yorkton Housing Corporation.
Carried.***

GIVING NOTICE OF MOTION

Mayor Chris Wyatt – No Parking on King Street

A Notice of Motion from Mayor Chris Wyatt regarding “No Parking” on King Street was circulated for the consideration of Council.

The Chair was passed to Deputy Mayor Goulden at 5:59 p.m.

***R00044-2009
Wyatt – Arnelien
That Council of the City of Yorkton authorize Administration to advise the residents of King Street that Council is considering posting all of King Street as a “No Parking” Street.
Councillor Maloney opposed.
Carried.***

The Chair reverted back at 6:04 p.m.

***R00045-2009
DeRyk – Maloney
That this Regular Council Meeting move into a Committee of the Whole Council Meeting at 6:04 p.m.
Carried.***

***R00046-2009
DeRyk – Maloney
That we rise and report from the Committee of the Whole Council Meeting at 7:12 p.m.
Carried.***

Yorkton Transitional Homes for Youth Inc. Donation Request [27.10(e)(i)(iii)&(f)(iv)(v)]

***R00047-2009
DeRyk – Goulden
That we accept Recommendation No. C00002-2009 as contained in the Committee of the Whole Council Meeting Minutes of January 12, 2009 that Council approve the request from Yorkton Transitional Homes for Youth Inc., and donate Lots 21 and 22 on Seventh Avenue North on the condition that should the use of the home or the name on the title changes, or if the Yorkton Transitional Homes for Youth Inc. cease operations, the lots will revert to the City.
Councillor Arnelien opposed.
Carried.***

Director of Human Resources – Wage Compression [27.10(e)(i)(ii)9iii)(iv)(v)]

***R00048-2009
Arnelien – DeRyk
That we accept Recommendation No. C00003-2009 as contained in the Committee of the Whole Council Meeting Minutes of January 12, 2009 that a wage compression adjustment for the Director of Public Works, Manager of Engineering and the Aquatic Programmer be approved effective January 1, 2009.
Carried.***

CUPE – MEPP Judicial Review and Legal Representation [27.10(e)(i)(ii)(iii)&(j)]

***R00049-2009
Wilson – Goulden
That we accept Recommendation No. C00004-2009 as contained in the Committee of the Whole Council Meeting Minutes of January 12, 2009 that the City of Yorkton hereby joins the Saskatchewan Urban Municipalities Association (SUMA) in providing a response to the application and further hereby appoints SUMA as it’s agent to retain and instruct legal counsel on behalf of this municipality exclusively on this matter. The municipality acknowledges that SUMA will not accept any liability on behalf of the municipality and the municipality saves harmless SUMA, any of its directors and agents with respect to any financial implication in this matter. The municipality further acknowledges that it will promptly remit to SUMA any assessment of cost related to providing collective representation on a pro-rated share, based on actual solicitor and court costs.
Carried.***

***R00050-2009
DeRyk – Maloney
That this Regular Council Meeting adjourn at 7:14 p.m.
Carried.***

Approved this 26th day of January A.D. 2009.

Chris Wyatt
MAYOR

Bonnie Schenher
CITY CLERK