12th Regular meeting of 2009 - July 20

We Support Local Business, But Not Local Consumers, and a "Green Convert"!


ABSENTEES: Councillors Darcy Gervais and Shawn Williams.

BACKGROUND DOCUMENTS: 481 pages

PUBIC GALLERY: Rick Potratz, Charlene Miller, Marlene Frigon, Pearl Doris Morin, Grant Gustafson, Brian Clavier, Leslie Blacklock, Dr. John Steel, John Fryters, Brent Prokopie, and six others.

START: 4:10 PM


Public Hearing: To Amend the Business License Bylaw, to Allow a "Regional Resident" License for $250 [currently, these businesses pay $500]

- Brian Clavier spoke in favour of the change, saying that the creation of the new North Central Enterprise Region should be accompanied by reductions in fees charged by the city to businesses from the region. He also stated that the review of business licenses had not gone far enough: he questioned having to pay an additional $75 [in fact, it was $100] in July 2008 when his home-based business moved from 15th St. West to 11th St. East; why home-based businesses pay the same as a large retailer; the purpose of business license fees; and why it always takes until May or June [at the earliest] to receive a paper copy of his business license when he pays the fee at City Hall during the first six weeks of every year.

- Councillor Dionne [who manages one of the largest businesses in the city, the Gateway Mall] said he was called by someone who wanted the city to name the 15 businesses that will benefit from the lower fee. There would be a reduction of $3,750 in business license fees paid to the city from the change - money that could go to running the Art Hauser Centre, or the library. He was asked if any of the 15 businesses compete against the caller [apparently, local "capitalism" means city council aids oligopolies (protecting a limited number of city-based businesses), not competition among businesses, to the benefit of consumers]. He also had calls from Chamber of Commerce members (four). He asked if transient trader licenses for PA businesses operating in Duck Lake and Shellbrook would be similarly reduced.

- Economic Development & Planning Director Corneil remarked that city staff had met with the Executive Director of the Chamber of Commerce, and the suggested change had been "worked out with her." Dionne asked if she knew the 15 businesses, and "who they were competing against." She replied, "No."

- Councillor Atkinson said that changes in business licenses were made a few years ago [effective January 1, 2005], originating a registry that would help create new businesses by identifying gaps in the city; there is no indication of the total income the city receives from business licenses; and a cost analysis should be completed. He views the license fee's purpose as, ultimately, to attract new opportunities, and said the fee should be about business-expansion objectives. Finally, he noted the report given to council was incomplete [see pages 179 to 184 of http://www.citypa.ca/Portals/0/PDF2/Council_Meetings/2009/2009%2007%2020%20-%20Order%20of%20Business/Agenda%20-%20Pages%201%20-%20417.pdf].

- Councillor Zurakowski said he had elicited business responses to the proposed change. The "rubber hits the road" [???] when you remember that a business located here pays property tax. This was a very good first step, but "do we go the next step?" He found the motion to receive and file the report "intriguing," but wondered, "What do we do now?" since "our responsibility is to the taxpayer in PA, not the taxpayer in Birch Hills."

- Councillor Ring said businesses coming here are not required tojoin the Chamber, and we had gotten to this point because an Estevan business asked for fair treatment.

- Mayor Scarrrow added that, to go further, the motion to receive and file the report should be defeated, and the issue referred back to administration for another report. Dionne changed his motion, asking for a new report in two months and discussion with all parties.

- Councillor Matheson [who owns and operates a venerable men's clothing business on Central Avenue] said council was "spending too much time on this." He was not in favour of the reduction to $250, believing more study of the issue was needed. He asked if there was a motion on the table.

- Councillor Swystun agreed with Matheson - that no change to the fees was needed.

- THE VOTE (to request a further report from administration): 4 - 2 to defeat the motion, Scarrow and Zurakowski in favour. Matheson then moved the recommendation - to keep the status quo. Dionne seconded it. Motion approved 4 - 2, with Atkinson and Zurakowski opposed, and Scarrow abstaining.


4:36 PM


Public Hearing: To Allow an 88-foot Communications Tower at 597/591 - 28th St. West, for Priority Computer Services

- Brian Clavier spoke against the proposed tower. His comments were:

It should come as no surprise that I’m speaking in opposition to this 88-foot tower, since I spoke against the Bylaw to allow telecom towers in areas zoned M2 or C2, on January 26 of this year; against the bylaw to allow them in areas zoned I or IG, on March 23; against the 140-foot tower at Advantage Credit Union’s building at 215-16th St West, on March 9; and would have spoken against the 48-foot Princess Margaret School tower on April 27 if I had been able to attend council that day.

I’m going to repeat the arguments against approving these towers, arguments you have totally ignored so far this year. (By that I mean that council’s “discretion” to permit the construction of these towers apparently allows anyone carte blanche to construct a tower.)

You have consistently voted to not adhere to the Industry Canada requirements for approving telecommunications towers up to 140 feet tall. These requirements, which are detailed in the city planner’s reference to them on page 166 of the background documents for the March 9 meeting, are lumped into one phrase, a phrase that’s repeated in the middle of page 223 in the documents for today’s meeting. "Item 1." on that page says the applicant shall “provide the city with a license of approval from Industry Canada.” So if you approve this development permit, you are legally obliged to insist that a tower applicant adhere to the following Industry Canada requirements:

1. there must evidence of public consultation [none has been provided]
2. the applicant must comply with Health Canada’s Safety Code 6 guideline for the protection of the general public [that means they have to find that guideline, read it, and provide written evidence that they are in compliance with it - no evidence of having done this has been provided]
3. the applicant must comply with radio frequency immunity criteria [no evidence of having done this has been provided]
4. the applicant must notify nearby broadcasting stations [the Rawlco ones, plus CTV, CBC, Missinipi, and the new Christian Radio station as well: no evidence of having done this has been provided]
5. the applicant must give evidence of having taken environmental considerations into account [which means they sought out other alternatives, and are mitigating the possibility of collisions with birds: no evidence of having done this has been provided], and
6. the applicant must obtain an Aeronautical Clearance Certificate from Transport Canada [and this Clearance Certificate has not been provided].

I am repeating the six Industry Canada criteria today because NONE of these has been met in the documents given to the city. If you understand the concept of respecting your own bylaws, you will ensure that every application for a telecommunications tower higher than 50 feet meets all of the Industry Canada requirements. I am dumbfounded about why you’re considering approval of this development permit; your insistence on applying the “discretion” to overlook the Industry Canada legal requirements is inexplicable.

- Councillor Swystun moved the recommendations [that the tower be approved], adding a ninth: that the applicant "adhere to the requirements of all jurisdictions." Matheson seconded the motion, to "get it on the floor."

- Councillor Dionne said he generally doesn't support communications towers, because they "are an eyesore."

- Councillor Swystun maintained the bylaw says the tower is legal at this size, that the city's requirements have been met, and they should meet all other requirements. Since the reason for towers is "strictly economics," council may see many more of these, which are all contingent on meeting the requirements of other agencies that have jurisdiction.

- Mayor Scarrow asked if there had been any feedback on this.

- Director Corneil replied, "No." She assured council this was the start of the project.

- Councillor Matheson noted the tower was being prposed by a tenant, and asked why it was required. Corneil responded that this would facilitate a closed, secure network for Priority Computers.

- Mayor Scarrow [still unfamiliar with council's decision-making powers, after almost three years . . . .] asked if council could deny the development permit. Corneil replied, "Yes," and that the applicant might then appeal that decision to the Development Appeal Board.

- Councillor Matheson [equally unfamiliar with council's processes, also after almost three years . . . .] asked if the tower goes ahead "if we approve it." Corneil replied, "Yes."

- THE VOTE (to approve the tower): defeated, 4 - 3, with Atkinson, Dionne, Matheson, and Ring opposed; and the Mayor, Swystun, and Zurakowski in favour.

[Consequent to Darwin Zurakowski's appearance at the August 18, 2009 council meeting, the failure to permit this tower's construction will be re-examined. . . .]


4:49 PM


Public Hearing: To Permit Ecole Valois to Add Portable Classrooms and Expand the Parking Lot


- Councillor Atkinson [who lives across the street from the school] said the parking lot is now designed for an elementary school, but is heavily used for community events, so the street becomes a parking lot. The current site plan has 23 parking stalls - one for every ten gym users. Forty-three spaces, as proposed, are inadequate, although devoting some playground space to parking is not detrimental to the play area. He has only seen parking enforcement in the area once. While parking spaces at community centres are not specified in the bylaw, he thinks there should be some consideration for the block's residents.

- Councillor Ring observed that, without living there, other councillors do not appreciate how many cars park on the street for community events. But he wants the development to go ahead.

- Councillor Atkinson countered that the street is narrow, and there are 224 seats available for community events - likely producing 180 vehicles, not 40.

- THE VOTE (to allow the development permit): 5 - 1 in favour, Councillor Atkinson opposed, Councillor Dionne abstaining.


Public Hearing: To Amend the Animal Control Bylaw to Allow Racing Pigeons at Residential Properties


4:58 PM


- John Fryters was in favour of amending the bylaw to allow 20 pigeons.

- Dr. John Steel said that problems on the West Hill were due to feral pigeons that were there before he bought his property. The report from Ken Hunter says racing pigeons are a non-issue. Dr. Steel wants to start a club, under the Canadian Racing Pigeon Association. He helped clean out feral pigeons in Regina, and both his current neighbours have written support letters.


5:08 PM


- Grant Gustafson said the report is based on information that was essentially provided by one person. The review should have produced some regulations for racing pigeon owners; as it stands there is a huge void in the proposal. Moose Jaw requires owners to be members of a club. He suggested talking to people "over that fence on twenty-first" street. There is potentially a drastic change for everyone in the neighbourhood.

- Councillor Zurakowski remarked that, in spite of Dr. Steel's explanations, his neighbours still have concerns about noise and feces. In response to the first issue, he said the noise from 100 pigeons is slightly louder than that of rustling leaves, and the same as an ordinary conversation. Steel is asking for up to 30 birds per household. Zurakowski wants a review in six months, to ensure that reality lives up to the promises made.

- Councillor Ring saw a racing pigeon loft 40 years ago in Edmonton, and remains fascinated. He sees more pigeons in his neighbourhood since the grain elevator on 15th St. East was torn down [in 2008], and wonders if racing pegeons attract feral pigeons.

- Councillor Dionne has been live trappping feral pigeons for years, and has six traps he will loan out.

- THE VOTE: the bylaw amendment was approved.

- Brent Prokopie intended to speak on this issue, but was not called. He left, saying his issue with the bylaw will be addressed in a court of law.


5:37 PM Five people remain in the public gallery.


Extending the Local Hockey Season to the End of April

- Councillor Ring asserted that a 50% cost recovery rate in April was not feasible, given a 65-68% recovery rate in winter. The drop in minor hockey and figure skating numbers is a concern (for figure skating: from 473 to 289). Prince Albert ice arena rental rates are in line with what other municipalities charge.

- THE VOTE (to receive and file the report): in favour, leaving the ice arena seasons unchanged.


Still No Transit Tracking . . . .

[None of the documents related to a TAP Communications proposal to re-brand the PA transit system contains information about current or past transit users, or any reference to user projections.]

- Mayor Scarrow noted that the tender for branding, design, and marketing of the transit system did not include the provision of new transit stop signs. The issue was forwarded to the Transit Advisory Committee for review.

[At the July 28, 2009 meeting of the Transit Advisory Committee quorum was not present. Nonetheless, Chairperson Scarrow led those present in deciding that the TAP proposal could be set aside until after the transit services Request for Proposals (RFP) was issued, and asked for ridership numbers for the next committee meeting. The RFP was approved at a special council meeting on July 31, 2009.]

Compost/Recyclables Truck Generates Heat

- Councillor Dionne objected to this $120,000 tender being added to the agenda at the last minute, so could not support it. He asked if enough material was being collected for recycling to warrant it, and does not know if that program is working. He wants to see an independent report on that. Finally, he thought the compost would be available for sale.

- Councillor Atkinson informed council that the copper content in the compost is too high. He doesn't know if the composting program is "successful," but maintains this is a potential source of revenue. Centrally-located bins should be examined. He has never seen any numbers about the cost-effectiveness of the program.

- Mayor Scarrow added that the recycling bins are used extensively in his area.

- Public Works Director Innes said the existing truck was nearing the end of its lifespan.

- Councillor Swystun retracted his original motion, and moved that an additional report be prepared.

- THE VOTE (to refer back to administration for further information): in favour.

6:04 PM

Mayor & Council Attended/Were Fed and Feted at . . . .

- Mayor Scarrow went to lots of graduation ceremonies (including Wesmor, St. Anne's, and St. Mary) and the Cooke golf course 100th anniversary weekend.
- Councillor Ring went to the River graduation (his daughter's), and said professionals were raving about the condition of the golf course. He reminded council about the RCGA Mid-Amateur Golf tournament [August 17-21].
- Councillor Matheson served cake at the Kidsfest in Kinsmen Park on July 16, an event attended by about 3500 people.


Inquiries - Another West Hill Update

6:10 PM

- Councillor Zurakowski asked for an update on the 28th Street infrastructure project.
- Director Innes said the 7th to 10th avenue section was about ready for paving, and the project was on schedule.


"Giving Notice" Means What?

- Mayor Scarrow asked what the purpose of "giving notice" was. City Clerk Skauge replied that motions were first introduced, then dealt with at a subsequent council meeting. He said the Mayor should pass the chair to Deputy-Mayor Zurakowski, then give notice of his motion. Scarrow passed the chair, then said Community Services should look at the area in Prime Ministers Park near Andy Zwack field, which is overgrown, and determine a use for this land.
- Councillor Ring noted that this was once a tree farm. Director Zeeben said it had been left as natural space.


Motions: City's Trees Deteriorating, and a "Green Convert"

- Councillor Swystun moved that a report be prepared on the condition and life expectancy of the city's boulevard trees [a report on trimming and replacing them was prepared three years ago . . . .], with attention to replacement policy, replacing trees in the areas built since the 1960s to reflect older areas' standards [eliminating local contractors' perpetual practice of removing every green object from land before starting to dig on it would aid this cause . . . .] , and filling gaps. He said trees have a "book value of hundreds of dollars" [try THOUSANDS of dollars - in Saskatoon in 2008, as much as $46,412 - see http://www.canada.com/topics/news/national/story.html?id=d622a6c7-b5f2-4fc1-8459-715928f76531]. Councillor Atkinson said the budget for this would have to increase substantially, as street lighting and water services are affected. MOTION PASSED.

6:25 PM

- Councillor Ring asked for a report on funding options for new housing developments to incorporate "sustainable community plans." The presentations he saw at the Federation of Canadian Municipalities (FCM) annual conference in June in Whistler, BC, convinced him that developers should look at LEED standards, and the FCM Green Municipal Initiatives program is worth examining - Collingwood got $166,000 to develop a sustainability plan, for example. [The sudden interest in green initiatives contrasts sharply with the councillor's perfect neglect of all of the related suggestions e-mailed to him by Brian Clavier in the past three years, and the four presentations Mr. Clavier made to council in late 2007-early 2008 on a green plan for the city - see the February 7, 2009 posting on this blog, titled "Off the Rails 2."] MOTION PASSED.

Always the Last Word

- Mayor Scarrow offered condolences to Councillor Dionne, whose sister died July 19. He also said, giving thanks to Community Services, that the city "looks spectacular." He then thanked Public Works staff for "all their extra work this year;" administration for its work, including over 700 pages of material for tonight's meeting [only 481 of which were available to the public . . . . ] ; and those who made public presentations.

END: 6:30 PM