Minutes of the Regular meeting of the Council of the City of Abbotsford held May 3, 1999, at 4:00 p.m. in the Matsqui Centennial Auditorium

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1 00033:~ 1999, at 4:00 p.m. in the Matsqui Centennial Auditorium Council Present: Mayor G. Ferguson; Councillor E. Fast, S. Gibson (part), M. Gill, G. Peary, P. Ross, M. Warawa (part), and C. Wiebe Staff Present: City Manager - H. Cochran; Director of Administration - T. Strong; Director of Development Services - R. Danziger; Director of Engineering - E. Regts; Director of Finance - D. Bottrill; and Committee Secretary - T. Harder Staff Present for a Portion of the Meeting: Manager, Current Development - G. Boyle Media Present: Rogers Cablesystems Public Present: 5 1. CALL TO ORDER Mayor Ferguson called the meeting to order at 4:00 p.m. 2. ADOPTION OF MINUTES 1. Regular Council Meeting Minutes - April 26, 1999 Moved by Councillor Wiebe, seconded by Councillor Gill, that the minutes of the Regular meeting of Council held April 26, 1999, be adopted. R CARRIED. Councillor Warawajoined the meeting at 4:01 p.m. 3. BUSINESS OUT OF MINUTES.1 P. and R. Mariash, et ai, 2496 Magnolia Crescent - Development Variance Permit No ( /D99-1 0) Report No. DEV dated April 27, 1999, from the Senior Planner, presented Development Variance Permit No for the P. and R. Mariash, et ai, property at 2496 Magnolia Crescent. If approved, Land Use Contract No. 73 would be amended to allow an attached enclosed garage, conversion of an existing carport to habitable area, and extension of two outdoor decks.

2 , at 4:00 p.m. in the Matsgui Centennial Auditorium Page 2 Councillor Gibson joined the meeting at 4:02 p.m. The owners, P. and R. Mariash, et ai, had agreed to the contents of the permit, and surrounding property owners and occupiers were notified that they may comment on the proposal. There were no comments or questions. Moved by Councillor Wiebe, seconded by Councillor Peary, that Report No. DEV dated April 27, 1999, be received from the Senior Planner; and Development Variance Permit No. 1175, to amend Land Use Contract No. 73 to allow an attached enclosed garage, conversion of an existing carport to habitable area, and extension of two outdoor decks on the P. and R. Mariash, et all property, at 2496 Magnolia Crescent, be approved for issuance. R CARRIED. 4. DELEGA TIONS None. 5. CONSENT AGENDA 5.1 BY-LAWS TO BE ADOPTED Moved by Councillor Warawa, seconded by Councillor Ross, that the following by-laws now be ad?pted:.1 By-law No , cited as "Delegation of Council Authority By-law, 1999 (Temporary Commercial and Industrial Use Permits)";.2 By-law No , cited as "Abbotsford Zoning By-law, 1996, Amendment By-law No. 165";.3 By-law No , cited as "Abbotsford Zoning By-law, 1996, Amendment By-law No. 166";

3 , at 4:00 p.m. in the Matsgui Centennial Auditorium Page 3.4 By-law No , cited as "Abbotsford Zoning By-law, 1996, Amendment By-law No. 167"; and.5 By-law No , cited as "Development Application Procedures By-law, 1999". R CARRIED. 5.2 MINUTES AND CORRESPONDENCE Moved by Councillor Gibson, seconded by Councillor Gill, that the following minutes and correspondence be received:.1 Minutes of the Fraser Valley Regional District: (a) Board meeting held March 23, 1999; (b) Executive Committee meeting held April 13, 1999; (c) Hospital District Board meeting held March 23, 1999; (d) Central Fraser Valley Water Commission meeting held April 14, 1999; (e) Joint Abbotsford-Mission Sewer Board meeting held April 8, 1999; and (f) Treaty Advisory Committee meeting held March 23, 1999;.2 Minutes of the Fraser Valley Health Region Board meeting held March 3, 1999;.3 Minutes of the Local Court of Revision for Frontage Tax held April 26, 1999;.4 Correspondence dated April 26, 1999, from the Attorney General, replying to Mayor Fergus~m's letter of March 17, 1999, concerning the constitutional challenge to the Criminal Code provisions dealing with the possession of child pornography;.5 Correspondence dated April 19, 1999, from the Ministry of Environment, Lands, and Parks, enclosing a document entitled "Tackling Non-point Source Water Pollution in British Columbia: An Action Plan";

4 00033l; 1999, at 4:00 p.m. in the Matsqui Centennial Auditorium Page 4.6 Correspondence dated April 28, 1999, from the Ministry of Agriculture and Food, and dated April 23, 1999, from the Attorney General, discussing flood preparations, including local emergency plans, and agriculture;.7 Correspondence dated April 21, 1999, from the City of Vancouver, and dated April 21, 1999, from the City of Burnaby, attaching responses and resolutions regarding the Provincial Liquor Licensing Review;.8 Correspondence dated April 28, 1999, from Murdyand McAllister, Barristers and Solicitors, advising that the Quality Industrial Mineral and Supply Inc. soil removal activities on property at Keeping Road are in breach of the court order and that a contempt application will be filed;.9 Correspondence dated April 22, 1999, from the Abbotsford Chamber of Commerce, outlining items, in the amount of $20,050, eliminated from its 1999 Tourism Budget as a result of Council's decision to reduce the fee-for-service by 10% (from $74,000 to $66,000);.10 Correspondence dated April 27, 1999, from Envoy G. Johnson, The Salvation Army, expressing appreciation for being nominated for an award for providing emergency response services;.11 Correspondence dated April 14, 1999, from Valley Driving School, commending A. Turra, Senior Plan Checker, Development Services Department, for his professionalism and efficiency;

5 , at 4:00 p.m. in the Matsgui Centennial Auditorium Page 5.12 Fisheries and Oceans Canada News Release dated April 23, 1999, announcing conservation objectives to protect and rebuild West Coast salmon stocks; and.13 Municipal Insurance Association of British Columbia "Risk Management Tidbits". R CARRIED. With respect to item 5.2.3, minutes of the Local Court of Revision for Frontage Tax meeting, it was Moved by Councillor Warawa, seconded by Councillor Fast, that staff explore alternative locations for the placement of an electrical box at 2622 Montrose A venue. R CARRIED. Further to item 5.2.7, correspondence from the Cities of Vancouver and Burnaby, discussing the Provincial Liquor Licensing Review, it was Moved by Councillor Gibson, seconded by Councillor Peary, that Councillor Gill join R. Danziger in making a presentation to the Liquor Control and Licensing Branch meeting being held May 5, 1999, in Surrey. R CARRIED. 6. COMMITTEES None.

6 , at 4:00 p.m. in the Matsqui Centennial Auditorium Page 6 7. BY-LAWS.1 By-law No , Matsqui Road Acquisition and Dedication By-law, 1996, Amendment By-law No. 1 - Deletes Section 2 of By-law No. 785 to Allow the Sale of Land No Longer Required as a Public Road Moved by Councillor Wiebe, seconded by Councillor Gill, that By-law No , cited as "Matsqui Road Acquisition and Dedication By-law, 1996, Amendment By-law No. I", now be introduced and read a first, second, and third time. R CARRIED. 8. NEW BUSINESS.1 Matsqui First Nation - Fire Protection Services - Agreement Renewal ( ) Moved by Councillor Wiebe, seconded by Councillor Warawa that, as recommended in Report No. ADM dated April 28, 1999, from the City Manager, the agreement with Matsqui First Nation, to provide fire protection services, be renewed for a further five-year term, effective January 1, R CARRIED..2 Citylink Bus Lines Ltd. - Charter Bus Service for Seniors' and Childrens' Summer Programs - Tender ( ) In Report No. P&R 99-6 dated April 27, 1999, the Manager, Recreation Services, and the Purchasing and Risk Manager recommended award of a tender to Citylink Bus Lines Ltd. to provide charter bus service for seniors' and childrens' summer programs until December 31, Three tenders were received and analyzed for conformance with the commercial terms, specifications, and conditions of the tender call. Funding for the service is included in the 1999 Operating Budget.

7 , at 4:00 p.m. in the Matsqui Centennial Auditorium Page 7 Moved by Councillor Fast, seconded by Councillor Wiebe that, as recommended in Report No. P&R 99-6 dated April 27, 1999, from the Manager, Recreation Services, and the Purchasing and Risk Manager: (1) the tender from Citylink Bus Lines Ltd. be accepted for the provision of charter bus service for seniors' and childrens' summer programs until December 31, 1999, with an option for the City to renew for an additional two years, at the rate of $54 per hour, plus G.S.T.; and (2) the Mayor and Director of Administration be authorized to sign the contract agreement. Moved by Councillor Warawa, seconded by Councillor Fast, that consideration of the award of a tender for the provision of charter bus service for seniors' and childrens' programs be deferred for one week pending clarification of the amount budgeted for the service. Opposed: Councillors Gill, Peary, Ross, and Wiebe DEFEATED. Opposed: Councillor Warawa The original motion was then put and R CARRIED..3 Heart and Stroke Foundation of B.C. and Yukon - "Big Bike Ride" - May 11, Special Event Permit Moved by Councillor Wiebe, seconded by Counci.Hor Gill, that a special event permit be issued to the Heart and Stroke Foundation of B.C. and Yukon, to conduct the "Big Bike Ride" on Tuesday, May 11, 1999, along the route outlined, subject to submission of insurance documents naming the City of Abbotsford as an additional insured. R CARRIED.

8 , at 4:00 p.m. in the Matsqui Centennial Auditorium Page 8.4 Draft Initiative By-law General Local Government Election Councillor Gibson spoke to his memorandum dated May 3, 1999, requesting that a draft initiative by-law be prepared for the 1999 General Local Government Election. He stated that initiatives would present an opportunity for "direct democracy". Recognizing that the results would be non-binding and the proponents would be required to fund the cost of any referendum, he believed the process would permit the public to become more involved with decision-making in the community. Moved by Councillor Gibson, seconded by Councillor Fast that, as requested in a memorandum dated May 3, 1999, from Councillor Gibson, the Director of Administration prepare a report providing an overview of the philosophy of initiative, its role in a democracy, and the experience of other communities, i.e. Rossland, including cost implications, required percentages, and other relevant Issues. Staff clarified that there is no mechanism in the Municipal Act which authorizes citizens to initiate referenda, or binds Council to the results of the vote. Nevertheless, the concept of participatory democracy will be discussed by the Union of British Columbia Municipalities at its 1999 Convention. While generally supportive of the proposal in principle, the majority of Council members indicated a preference for the U.B.C.M. reviewing the direct democracy, or initiative, issue prior to the City taking any steps toward implementation. It was also noted that a full-scale review and revision of the Municipal Act is currently underway. Ultimately, local governments may be given the legislative authority to enact initiative-type by-laws. The mover and seconder agreed to withdraw the motion....5 Abbotsford Ministerial Association - Prayer Sessions at Council Meetings Moved by Councillor Fast, seconded by Councillor Warawa, that Resolution No. E of the April 26, 1999, Executive Committee meeting be amended to indicate that the request by H. Born, Abbotsford Ministerial Association, to conduct prayer sessions at City Council meetings, be deferred to the May 10, 1999, Executive Committee meeting for consideration. R CARRIED.

9 , at 4:00 p.m. in the Matsqui Centennial Auditorium Page 9 7. ADJOURNMENT Moved by Councillor Fast, seconded by Councillor Gibson, that the Regular meeting of Council be adjourned. (4:40 p.m.) CARRIED. Certified Correct: