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CITY OF YORKTON
SASKATCHEWAN
REGULAR COUNCIL MEETING MINUTES
AUGUST 23, 2010

Minutes of a Regular Meeting of Council held on Monday, August 23, 2010 in Council Chambers City Hall commencing at 5:00 p.m.

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

Staff Members Present: David Putz, Bonnie Schenher, Lonnie Kaal, Gord Shaw, Darcy McLeod, Michael Eger, and Kelly Kaban. 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

***R00328-2010
Arnelien – Pearen
That the Regular Council Agenda and Committee of the Whole Council Agenda be approved as presented.
Carried.***

PUBLIC ACKNOWLEDGEMENTS

Councillor Bob Maloney attended the Grand Opening of the Todd Rocen Motor Sales on Saturday. A nice family that has come to Yorkton from the Esterhazy area and wished them success in their new business venture in the City of Yorkton.

Councillor Larry Pearen attended the Ducks Unlimited Harris conservation dedication event. A long time resident and volunteer Don Harris was recognized for his long service in the community and the marsh project was wonderful. He encouraged the Yorkton residents to get out and see this. It is a beautiful marshland, all kinds of wildlife and vegetation and it is so close to the museum. He congratulated the Yorkton Chapter of Ducks Unlimited for their extra work and their passion for their work. Congratulations on a job well done.

Councillor Les Arnelien advised of Yorkton’s opportunity to make history and become Riderville. There are 5 communities in the running. Avonlea, Nipawin, Unity, Weyburn and Yorkton. He encouraged all citizens to vote at www.riderville.com. Voting is eligible from August 13 to 31st. One vote per computer per day. Please get out there and help the minor football league in Yorkton win $25,000 and the pride of Yorkton to always be known as “Riderville”.

Councillor Ross Fisher advised of a terrific Charity Road Race held this past Sunday with 224 people registered. About 25% of the participants were from out of town including Regina and Saskatoon. The event will raise approximately $39,000 to go to purchase medical equipment. Over 50 volunteers worked on the event and it was a really good community builder. It was nice to see an expansion for the event with young people participating. There was a new event called “The Relay” and he thanked Mayor Wilson and Councillors Maloney and Wyatt for running in the relay and doing so well.

Mayor James Wilson advised that on a sad note the City of Yorkton has lost a long term employee Alex Baluk who recently passed away. Condolences go out to his wife and 2 sons. He will be sadly missed.

APPROVAL OF MINUTES

Regular Council Meeting Minutes – July 12th, 2010

***R00329-2010
Wyatt – Okrainec
That the Regular Council Meeting Minutes of July 12, 2010 be approved as presented.
Carried.***

Committee of the Whole Council Meeting Minutes – July 12th, 2010

***R00330-2010
Maloney – Arnelien
That the Committee of the Whole Council Meeting Minutes of July 12, 2010 be received and filed as presented.
Carried.***

HEARING OF PETITIONS, PUBLIC NOTICES AND PRESENTATIONS

Big Brothers Big Sisters of Yorkton & District Inc. – Proclamation – Big Brothers Big Sisters Month – September 2010
A letter dated August 10, 2010 from Big Brothers Big Sisters of Yorkton and District requesting a proclamation was circulated for the consideration of Council.
Ms. Irma Van De Bon, Executive Director was present in Council Chambers to speak to their request.
Firstly she thanked Council for their sponsorship of the Kids ‘n Kops Program. There were 24 children participating in the program this year.

***R00331-2010
Arnelien – Pearen
That Council authorize Mayor Wilson to proclaim the month of September 2010 as “Big Brothers Big Sisters Month” in the City of Yorkton and to raise their flag on Wednesday, September 8th, 2010 at City Hall Park.
Carried.***

Public Notice – Bylaw No. 31/2010 – Amend Municipal Development Plan Bylaw No. 15/2003 – Section 6.4 West Broadway Commercial Corridor

There was no one present in Council Chambers to speak for or against Bylaw No. 31/2010, a Bylaw to amend Municipal Development Plan Bylaw No. 15/2003 – Section 6.4 West Broadway Commercial Corridor.

Public Notice – Bylaw No. 32/2010 – Amend Zoning Bylaw No. 14/2003 – Mixed Use District

There was no one present in Council Chambers to speak for or against Bylaw No. 32/2010 a Bylaw to amend Zoning Bylaw No. 14/2003 – Mixed Used District.

REPORTS OF COMMISSIONS, COMMITTEES AND MATTERS REFERRED

Municipal Planning Commission Meeting Minutes – August 11, 2010

***R00332-2010
Okrainec – Fisher
That the Municipal Planning Commission Meeting Minutes of August 11, 2010 be received and filed as presented.
Carried.***

INTRODUCTION OF BYLAWS

Bylaw No. 31/2010 – Amend Municipal Development Plan Bylaw No. 15/2003 – Section 6.4 West Broadway Commercial Corridor [2nd & 3rd reading]

***R00333-2010
Pearen – Wyatt
That Bylaw No. 31/2010 be read a second time this 23rd day of August A.D. 2010.
Carried.***

***R00334-2010
Arnelien – Maloney
That Bylaw No. 31/2010, a Bylaw of the City of Yorkton to amend Municipal Development Plan Bylaw No. 15/2003 by amending Section 6.4 West Broadway Commercial Corridor be read a third time this 23rd day of August A.D. 2010 and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 32/2010 – Amend Zoning Bylaw No. 14/2003 – Mixed Use District [2nd & 3rd Reading]

***R00335-2010
Maloney – Pearen
That Bylaw No. 32/2010 be read a second time this 23rd day of August A.D. 2010.
Carried.***

***R00336-2010
Okrainec – Fisher
That Bylaw No. 32/2010, a Bylaw of the City of Yorkton to amend Zoning Bylaw No.1 4/2003 by adding a Mixed Use Residential-Business District (MXURB) to Part F – Municipal Zoning Districts be read a third time this 23rd day of August A.D. 2010 and registered in the Bylaw Register of the City of Yorkton.
Carried.***

Bylaw No. 33/2010 – Amend Municipal Development Plan Bylaw No. 15/2003 – Schedule B – Conceptual Land Use Map [1st reading]

***R00337-2010
Arnelien – Fisher
That Bylaw No. 33/2010, a Bylaw of the City of Yorkton to amend Municipal Development Plan Bylaw No. 15/2003 by amending Schedule B - Conceptual Land Use Map be introduced and read a first time this 23rd day of August A.D. 2010.
Carried.***

Bylaw 34/2010 – Amend Zoning Bylaw No. 14/2003 – Institutional District to Medium Density Residential District – 83 King Street East [1st reading]

***R00338-2010
Wyatt – Pearen
That Bylaw No. 34/2010 a Bylaw of the City of Yorkton to amend Zoning Bylaw No. 14/2003 by amending the Zoning of Block Y, Plan 101963842 from Institutional District (IN) to Medium Density Residential District (R-3) be read a first time this 23rd day of August A.D. 2010.
Carried.***

Bylaw No. 35/2010 – Amend Zoning Bylaw No. 14/2003 – Timing Requirements for Hard-Surfacing of Off-Street Parking Areas [1st reading]

***R00339-2010
Okrainec – Fisher
That Bylaw No. 35/2010 a Bylaw of the City of Yorkton to amend Zoning Bylaw No. 14/2003 by establishing timing requirements for hard-surfacing of off-street parking areas be introduced and read a first time this 23rd day of August A.D. 2010.
Carried.***

Bylaw No. 36/2010 – Road Closure of Suds Avenue Right-of-Way and Standard Street Right-of-Way [1st reading]

***R00340-2010
Wyatt – Okrainec
That Bylaw No. 36/2010, a Bylaw of the City of Yorkton to provide for the permanent closure and transfer of Suds Avenue and Standard Street be introduced and read a first time this 23rd day of August A.D. 2010.
Carried.***

ADMINISTRATIVE REPORTS

Director of Planning and Engineering - Remuneration for the Development Appeal Board Members

A report dated August 12, 2010 from the Director of Planning and Engineering regarding remuneration for the Development Appeal Board Members was circulated for the consideration of Council.

***R00341-2010
Pearen – Maloney
That the remuneration for the Development Appeal Board Members be set a rate of $25.00/hearing and the Board Chairperson rate be set at a rate of $30.00/hearing plus $15.00/decision.
Carried.***

Planning for Growth Initiative

A report dated August 11, 2010 from the Director of Planning and Engineering regarding Letters of Support for Planning for Growth Initiative was circulated for the consideration of Council.

***R00342-2010
Pearen – Okrainec
That the City’s share of funding is approved for the Yorkton District Planning Commission’s project under the Planning for Growth (PFG) Program for the creation of new Official Community Plans and Zoning Bylaws for the Commission with the R.M. of Orkney No. 244 being the sponsoring municipality.
Carried.***

Proposed Residential Subdivision – R.M. of Orkney No. 244 – SE ¼ Sec. 7-26-4-W2nd

A report dated August 11, 2010 from the Director of Planning and Engineering regarding a proposed residential subdivision in the R.M. of Orkney No. 244, SE ¼ Sec. 7-26-4-W2nd was circulated for the consideration of Council.

***R00343-2010
Wyatt – Maloney
That Administration advise Municipal Affairs that subdivision application R0627-10R does not appear to affect the long term interests of the City but that no further subdivision of the quarter section should be encouraged.
Carried.***

Sale of City Land – 495 Broadway Street West – Parcel A, Plan CE1498T

A report dated August 11, 2010 fro the Director of Planning and Engineering regarding the sale of City land located at 495 Broadway Street West was circulated for the consideration of Council.

***R00344-2010
Wyatt – Fisher
That Administration is authorized to begin the process to sell the property legally described as Parcel A, Plan CE1498T and known civically as 495 Broadway Street West by issuing a Request for Proposals.
Carried.***

Update of 2003 Transportation Master Plan – Request for Proposals Results

A report dated August 10, 2010 from the Director of Planning and Engineering regarding results of Request for Proposals for the Update of the 2003 Transportation Master Plan was circulated for the consideration of Council.

***R00345-2010
Wyatt – Arnelien
That Stantec Consulting Ltd. be awarded the contract for the Update of the 2003 Transportation Master Plan in the amount of $123,904.00 exclusive of GST and PST and that Administration be directed to enter into a standard engineering agreement with Stantec Consulting Ltd. for the Update of the 2003 Transportation Master Plan.
Carried.***

Transportation Master Plan Study Agreement

A report dated August 11, 2010 from the Director of Planning and Engineering regarding the Transportation Master Plan Study Agreement with the Ministry of Highways and Infrastructure was circulated for the consideration of Council.

***R00346-2010
Fisher – Pearen
That Administration enter into the Transportation Master Plan Study Agreement with the Ministry of Highways and Infrastructure to partially fund (75% of $123,904.00 exclusive of GST and PST) the Update to the 2003 Transportation Master Plan.
Carried.***

Appointment of Building Official

A report dated August 16, 2010 from the Director of Planning and Engineering regarding the appointment of a Building Official was circulated for the consideration of Council.

***R00347-2010
Maloney – Okrainec
That Mr. Mike Carpenter from Professional Building Inspections Inc. be appointed as a Class One Building Official for the City of Yorkton, as provided for under the Uniform Building and Accessibility Standard’s Act, Sections 5(4) and (b).
Carried.***

Design for Storm Water Ponds on Dracup Avenue

A report dated August 16, 2010 from the Director of Planning and Engineering regarding a design for storm water ponds on Dracup Avenue was circulated for the consideration of Council.

***R00348 – 2010
Wyatt – Pearen
That Administration proceed to the design phase for the storm water ponds adjacent to Dracup Avenue as identified in the 2006 storm water study conducted by Bullee Consulting Ltd.
Carried.***

Director of Community Development, Parks and Recreation – Kinsmen Arena Board Ad Agreement

A report dated August 16, 2010 from the Director of Community Development, Parks and Recreation regarding the Kinsmen Arena Board Ad Agreement was circulated for the consideration of Council.

***R00349-2010
Wyatt – Fisher
That the contract to extend the existing arena board advertising agreement with Yorkton Minor Hockey, which waives the requirement for revenue sharing until such time as the ad spaces have been filled, be approved with the addition that after a one year time frame from entering into the contract, the City shall receive 10% of the total gross revenue for the signs.
Councillor Okrainec opposed.
Carried.***

Director of Finance – 2009 Audited Financial Statements

A report dated August 18th, 2010 along with the City of Yorkton Financial Statements for 2009 were circulated for the consideration of Council.

***R00350-2010
Arnelien – Pearen
That the December 31st, 2009 Audited Financial Statement be approved as presented.
Carried.***

***R00351-2010
Okrainec – Fisher
That this Regular Council Meeting move into a Committee of the Whole Council Meeting at 5:44 p.m.
Carried.***

***R00352-2010
Pearen – Arnelien
That we rise and report from the Committee of the Whole Meeting at 7:03 p.m.
Carried.***

Councillor Chris Wyatt declared a pecuniary interest for the next item on the Agenda and left Council Chambers at 7:03 p.m.

LEGAL MATTERS

Payment for Old Silver Heights Play Structure [27.10(e)(i)&(j)]

***R00353-2010
Arnelien – Maloney
That Resolution No. R00268-2010 as contained in the Regular Council Meeting Minutes of June 14, 2010 be placed back on the table for reconsideration.
Carried.***

***R00354-2010
Fisher – Maloney
That we accept Recommendation No. C00050-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that the donation of the old Silver Heights Play Equipment to the Canora Beach Community Association be approved. Further, that Administration prepare an agreement whereby the Canora Beach Community Association acknowledges that the equipment no longer meets the National Playground Safety Standards and releases the City of Yorkton from any future liability related to the equipment.
Carried.***

Councillor Wyatt returned to Council Chambers at 7:04 p.m.

Constitutional Challenge to Public Service Essential Services Act [27.10(f)(iv)(v)&(j)

***R00355-2010
Maloney – Arnelien
That we accept Recommendation No. C00051-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that provided the majority of Cities participate, the City of Yorkton will join in having SUMA represent the City in the matter of the constitutional challenge of the Public Services Essential Services Act. The City’s proportionate share of the costs will be calculated on the same basis as with past matters of this nature.
Carried.***

PROPERTY MATTERS

SW ¼ Sec. 3-26-4-W2M [27.10(e)(i)(iii)&(f)(v)]

***R00356-2010
Pearen – Fisher
That we accept Recommendation No. C00052-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that an appraisal be completed on the SW ¼ Sec. 3-26-4-W2M and that Administration bring back a report to Council for their consideration and further direction.
Carried.***

Estimated Site Servicing Costs [27.10(f)(ii)(iv)(v)&(g)]

***R00357-2010
Maloney – Okrainec
That we accept Recommendation No. C00053-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that we allow overland drainage at the corner of Highway No. 9 and Broadway to the Harvard Developments Inc. proposed development in accordance with the City’s standards.
Carried.***

***R00358-2010
Arnelien – Fisher
That we accept Recommendation No. C00054-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that  the development company be advised that they will be required to pay the off-site levies in place at the time they proceed with development.
Carried.***

***R00359-2010
Wyatt – Arnelien
That we accept Recommendation No. C00055-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that we enter into a cost-sharing agreement with the development company for their portion of the intersection improvements to be 30% and the City at 70%.
Carried.***

Councillor Arnelien declared a pecuniary interest for the next item on the Agenda and left Council Chambers at 7:07 p.m.

Deferment of Payment for Lot [27.10(e)(iii)&(f)(v)]

***R00360-2010
Wyatt – Okrainec
That we accept Recommendation No. C00056-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that the City accept 10% down payment on the purchase price for the lot on Madge Way and extend the term of paying for the lot in full to a maximum of one year or until monies are forwarded through mortgage proceeds.
Carried.***

Councillor Arnelien returned to Council Chambers at 7:08 p.m.

Authorization to Sell Lot 2 –BLK/Par B Plan 10185979 Ext 0 [27.10(e)(i)&(f)(iv)(v)] (185 Gladstone Avenue N.)

***R00361-2010
Okrainec – Maloney
That we accept Recommendation No. C00057-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that Administration be authorized to sell Parcel 153973121; Lot 2-BLK/Par B Plan 10185979 Ext 0, (185 Gladstone Avenue N.) for a minimum of $342,000.
Carried.***

Yorkton Business Improvement District – Old Mill Project [27.10(e)(iii)(v)&(f)(v)]

***R00362-2010
Pearen – Arnelien
That we accept Recommendation No. C00058-2010 as contained in the Committee of the Whole Council Meeting Minutes of August 23, 2010 that we support the YBID Old Mill Project in principle and that a detailed proposal be brought back to Council for their further consideration and approval.
Councillors Fisher and Wyatt opposed.
Carried.***

***R00363-2010
Okrainec – Fisher
That this Regular Council Meeting adjourn at 7:09 p.m.
Carried.***