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CITY OF YORKTON
SASKATCHEWAN
REGULAR COUNCIL MEETING MINUTES
DECEMBER 14, 2009

Minutes of a Regular Meeting of Council held on Monday, December 14, 2009 in Council Chambers City Hall commencing at 5:00 p.m.

Present: Mayor James Wilson, Councillors Fisher, Okrainec, Maloney, Pearen and Wyatt.

Absent: Councillor Les Arnelien

Staff Members Present: David Putz, Bonnie Schenher, Lonnie Kaal, Darcy McLeod, Michael Buchholzer, Faisal Anwar, Michael Eger, Don Kunkel, Fran Brimacombe, Dean Clark (arrived at 5:22 p.m.), John Whittaker (arrived at 5:30 p.m.), and Trevor Morrissey (arrived at 6:00 p.m.).
Recording: Gloria Signarowski.

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

APPROVAL OF AGENDA

***R00469-2009
Maloney - Okrainec
That the Regular Council Agenda and Committee of the Whole Council Agenda be approved as presented.
Carried.***

PUBLIC ACKNOWLEDGEMENTS

Councillor Okrainec advised he had the opportunity to see the musical “The Wiz” at Sacred Heart High School and he congratulated Sacred Heart on a good job. It was great event to attend.

Councillor Pearen advised that on Sunday afternoon he attended “Handel’s Messiah” with the Saskatoon Symphony Orchestra and the Yorkton Community Choir. It was a three hour production. Thanks to

Laurene Jemieff accompanied by Shani Apland. Congratulations to that group. It was a wonderful event for the City of Yorkton.

Councillor Maloney advised that coming up is the Snowarama for Camp Easter Seals which is a Provincial Event that raises $90,000 to $100,000 in a one day fundraiser and it will be held on February 10th, 2010. Their website is www.snowarama.ca for information to register. Thanks to our local snowriders for their participation in this tremendous event.

APPROVAL OF MINUTES

Regular Council Meeting Minutes – November 23, 2009

***R00470-2009
Pearen - Wyatt
That the Regular Council Meeting Minutes of November 23, 2009 be approved as presented.
Carried.***

Committee of the Whole Council Meeting Minutes – November 23, 2009

***R00471-2009
Wyatt - Okrainec
That the Committee of the Whole Council Meeting Minutes of November 23, 2009 be received and filed as presented.
Carried.***

HEARING OF PETITIONS, PUBLIC NOTICES AND PRESENTATIONS

Presentation – Prairie Harvest Employment Program – Residential Recycling Levy

A letter dated December 9, 2009 from the Prairie Harvest Employment Program regarding an increase to the recycling levy for curbside recycling was circulated for the consideration of Council. Mr. Stefan Bymak, Prairie Harvest Employment Program Director was present in Council Chambers to speak to this request.

Mayor Wilson passed the Chair to Deputy Mayor Pearen at 5:10 p.m. and it reverted back at 5:15 p.m.

***R00472-2009
Wilson - Okrainec
That we receive and file the presentation dated December 9, 2009 from the Prairie Harvest Employment Program regarding the curb side recycling collection program levy and refer this to the Solid Waste Management Committee for review of all the options and provide a recommendation.
Councillors Wyatt, Fisher and Pearen opposed.
Motion Defeated.***

***R00473-2009
Wyatt – Pearen
That we increase the recycling levy by $1.00 per month from $4.00 to $5.00 for the recycling program.
Carried.***

Presentation – PR Investments Inc. – Condominium Conversion Application – 54 Allanbrooke Drive and 364 Northview Road

A submission regarding Condominium Conversion Application for 54 Allanbrooke and 364 Northview Road was circulated for the consideration of Council. Mr. Wade Probe of PR Investments and Mr. Ross Keith, lawyer for the company, were present in Council Chambers to speak to this request.

***R00474-2009
Pearen – Fisher
That we receive and file the presentation from PR Investments Inc. regarding a Condominium Conversion Application for 54 Allanbrooke Drive and 364 Northview Road.
Carried.***

Public Notice – Discretionary Use – Great Canadian Oil Change 165 and 171 Broadway Street East

There were no petitioners present in Council Chambers to speak for or against a Discretionary Use for the Great Canadian Oil Change on Lot B, Block 3, Plan 62Y00237 and Lot C, Block 3, Plan 101733140 civically known as 165 and 171 Broadway Street East.

Public Notice – Discretionary Use – Bed and Breakfast Home – 139 Second Avenue North

There were no petitioners present in Council Chambers to speak for or against a Discretionary Use for a Bed and Breakfast located on Lot 26, Block 11, Plan 27474 civically known as 139 Second Avenue North.

Public Notice – Sale of Land – Lot 33, Block 61, Plan 101444352

There were no petitioners present in Council Chambers to speak for or against the sale of land known as Lot 33, Block 61, Plan 101444352 civically known as 7 Alderwood Place.

REPORTS OF COMMISSIONS, COMMITTEES AND MATTERS REFERRED

Municipal Planning Commission Meeting Minutes – December 9, 2009

***R00475-2009
Maloney – Okrainec
That the Municipal Planning Commission Meeting Minutes of December 9, 2009 be received and filed as presented.
Carried.***

INTRODUCTION OF BYLAWS

Bylaw No. 29/2009 – Lane Closure – 184 & 194 Maple Avenue, Block 18, Plan 99Y08572 (1st Reading)

***R00476-2009
Maloney - Fisher
That Bylaw No. 29/2009, a Bylaw of the City of Yorkton to provide for the permanent closure of one laneway be introduced and read a first time this 14th day of December A.D. 2009.
Carried.***

Bylaw No. 37/2009 – Appointment of an Economic Development Committee (2nd & 3rd Reading)

***R00477-2009
Pearen – Okrainec
That Resolution No. R00451-2009 be lifted from the table.
Carried.***

***R00478-2009
Maloney - Okrainec
That Bylaw No. 37/2009 be read a second time as amended this 14th day of December A.D. 2009.
Councillor Wyatt opposed.
Carried.***

***R00479-2009
Pearen - Okrainec
That Bylaw No. 37/2009, a Bylaw of the City of Yorkton providing for the appointment of an Economic Development Committee be read a third time this 14th day of December A.D. 2009 and registered in the Bylaw Register of the City of Yorkton.
Councillors Fisher and Wyatt opposed.
Carried.***

Bylaw No. 38/2009 – Amend Transit Bylaw No. 29/2002 – Transit Fares

***R00480-2009
Okrainec - Fisher
That Bylaw No. 38/2009, a Bylaw of the City of Yorkton to amend Transit Bylaw No. 29/2002 be introduced and read a first time this 14th day of December A.D. 2009.
Carried.***

***R00481-2009
Pearen - Maloney
That Bylaw No. 38/2009 be read a second time this 14th day of December A.D. 2009.
Carried.***

***R00482-2009
Maloney - Okrainec
That Bylaw No. 38/2009 receive all three readings this 14th day of December A.D. 2009.
Carried Unanimously.***

***R00483-2009
Wyatt - Maloney
That Bylaw No. 38/2009 a Bylaw of the City of Yorkton to amend Transit Bylaw No. 29/2002 be read a third time this 14th day of December 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. 39/2009 – Street and Lane Closures – Riverside Meadows Phase II, Plan 00Y10405 (1st Reading)

***R00484-2009
Maloney - Okrainec
That Bylaw No. 39/2009 a Bylaw of the City of Yorkton to provide for the permanent closure of streets and laneways in Phase II of the “Riverside Meadows” Subdivision be introduced and read a first time this 14th day of December A.D. 2009.
Carried.***

ADMINISTRATIVE REPORTS

Planner – Proposed Condominium Conversion 22-09 – 54 Allanbrooke Drive and 364 Northview Road

A report dated December 10, 2009 from the Planner regarding a proposed Condominium Conversion 22-09 was circulated for the consideration of Council.

***R00485-2009
Pearen
That we table the proposed Condominium Conversion 22-09 until January 11, 2010 Council Meeting.
The motion was lost for lack of a seconder.
Mayor Wilson passed the Chair to Deputy Mayor Pearen at 6:10 p.m. and it reverted back at 6:12 p.m.

***R00486-2009
Wyatt – Fisher
That the application for condominium conversion of the existing apartment buildings located at 54 Allanbrooke Drive and 364 Northview Road, Lots 42 and 43, Block 35, Plan 75Y10695, be approved subject to the following conditions:
i) Pursuant to Section 5.8 of Condominium Conversion Policy 10.240, that the applicant/owner provide a Professional Review of Building. Requirements for the Review shall be consistent with the Policy and any Building Permit(s) necessitated as part of the work shall be carried out in accordance with City of Yorkton Building Services requirements; and
ii) Pursuant to Section 5.12 (d) of Conversion Policy 10.240, that Administration ensure that the lifetime guarantee of tenancy has been offered to all tenants and that the guarantee is legally enforceable.
That, upon satisfaction of the conditions of approval listed above, the City Clerk be authorized to execute the Certificate of Clerk of Local Authority in Form GG, as required under Section 7.1 of the Condominium Property Regulations, 2001.
Councillor Pearen opposed.
Carried.***

Discretionary Use 38-09 – Great Canadian Oil Change – 164 and 171 Broadway Street East

A report dated December 7, 2009 from the Planner regarding a Discretionary Use Application No. 38-09 for the Great Canadian Oil Change at 165 and 171 Broadway Street East was circulated for the consideration of Council.

***R00487-2009
Okrainec – Pearen
That the proposed Automotive Maintenance facility at 165 and 171 Broadway Street East be approved, and that Administration be authorized to issue a Development Permit for the proposed use, subject to the following conditions:
i) That the Developer/Owner be required to install a 1.5m wide sidewalk adjacent to Dracup Avenue. Specifications and installation of the sidewalk shall be subject to review and approval of the City of Yorkton Planning and Engineering Department;
ii) Pursuant to Section 6.8 of Zoning Bylaw No. 14/2003, that the Developer/Owner provide a performance and maintenance guarantee to ensure that landscaping is provided and maintained for two years from the time of planting. Security for said guarantee is required in the form of either:
a) A cash value equal to 100% of the total landscaping cost; or
b) An irrevocable Letter of Credit in the amount of 100% of the total landscaping cost.
The value of landscaping shall be based on a schedule of costs for all hard and soft landscaping, and shall be subject to the review and approval of the City of Yorkton Planning and Engineering Department; and
iii) That Lot B, Block 3, Plan 62Y00237 and Lot C, Block 3, Plan 101733140 be consolidated into a single parcel of land. Consolidation of the lots shall be in accordance with Information Services Corporation (ISC) requirements.
Carried.***

Discretionary Use 39-09 – Bed and Breakfast Home – 139 Second Avenue North

A report dated December 7, 2009 from the Planner regarding a Discretionary Use Application No. 39-09 for a Bed and Breakfast Home at 139 Second Avenue North was circulated for the consideration of Council.

***R00488-2009
Maloney – Okrainec
That the proposed Bed and Breakfast Home at 139 Second Avenue North be approved, and that Administration be authorized to issue a Development Permit for the proposed use, subject to the following conditions:
i) That the Developer/Owner be required to attain a Business License from the City of Yorkton Planning and Engineering Department; and
ii) That any signage erected on the subject property be in conformance with the requirements of Zoning Bylaw No. 14/2003 and Sign Bylaw No. 16/2003.
Carried.***

Proposed Subdivision SD09-07 – 90 Assiniboia Avenue – Two Vacant Residential Lots

A report dated December 7, 2009 from the Planner regarding a Proposed Subdivision Application SD09-07 for 90 Assiniboia Avenue was circulated for the consideration of Council.

***R00489-2009
Okrainec – Fisher
That the Mayor and City Clerk be authorized to execute the plan of proposed subdivision and issue a Certificate of Approval for the proposed subdivision of Block J; Plan 60Y00938, subject to the following condition:
i) That the Developer/Owner be responsible for any costs associated with additional City services that are not in existence at the time the application was made.
Carried.***

Director of Leisure Services – Olympic Torch Legacy Project

A report dated December 7, 2009 from the Director of Leisure Services regarding the Olympic Torch Legacy Project was circulated for the consideration of Council.

***R00490-2009
Pearen – Maloney
That the concept of the Olympic Torch Relay Legacy art piece, Fire and Ice, be approved and further, that the installation location on the southeast corner of the Gallagher Centre be approved.
Carried.***

City Clerk – Appointment of Building Official

A report dated December 7, 2009 from the City Clerk regarding an appointment of a Building Official was circulated for the consideration of Council.

***R00491-2009
Maloney – Fisher
That Jeffrey Fawcett be appointed as a Professional Building Official pursuant to Section 5 of The Uniform Building and Accessibility Standards Act, effective January 4, 2010.
Carried.***

***R00492-2009
Maloney – Okrainec
That this Regular Council Meeting move into a Committee of the Whole Council Meeting at 6:25 p.m.
Carried.***

***R00493-2009
Maloney – Wyatt
That we rise and report from the Committee of the Whole Council Meeting at 7:34 p.m.
Carried.***

City Manager – Offer to Purchase – Lot 3; Parcel 142831863 and Lot 4; Parcel 142831885 [27.10(e)(iii)&(f)(iv)(v)]

***R00494-2009
Maloney – Pearen
That we accept Recommendation No. C00098-2009 as contained in the Committee of the Whole Council Meeting Minutes of December 14, 2009 that a counter offer be made at $190,000.00 and upon acceptance, advertise the sale below market value as required by The Cities Act.
Carried.***

R.M. of Wallace No. 243 Annexation [27.10(e)(i)(iii)(v)&(f)(v)(vi)&(j)

***R00495-2009
Okrainec – Maloney
That we accept Recommendation No. C00099-2009 as contained in the Committee of the Whole Council Meeting Minutes of December 14, 2009 that we reconsider Motion No. C00095-2009.
Carried.***

***R00496-2009
Pearen – Maloney
That we accept Recommendation No. C00100-2009 as contained in the Committee of the Whole Council Meeting Minutes of December 14, 2009 that the motion be amended to read: That the following parcels of land be annexed from the R.M. of Wallace No. 243:
1. SE 6-26-3-W2nd, owned by Rist & Elke Bros. Developments Ltd. (AG)
2. SW 6-26-3-W2, owned by Rist & Elke Bros. Developments Ltd. (AG)
3. Parcel G in SW 6-26-3-W2, owned by 619020 Saskatchewan ltd. (New Holland) (Commercial)
Further that upon issuance of the Minister’s annexation order, that the R.M. of Wallace No. 243 be compensated at 5 times 2009 taxes on Agricultural/residential assessed lands and 15 times 2009 taxes on commercially assessed lands.
Councillors Fisher and Wyatt opposed.
Carried.***

***R00497-2009
Maloney – Okrainec
That this Regular Council Meeting adjourn at 7:35 p.m.
Carried.***

Approved this 11th day of January A.D. 2010.

James Wilson
MAYOR

Bonnie Schenher
CITY CLERK