CXlRPORATION OF THE ClTY OF PORT PARKS dc RECREATfON COQ~ CO~T1E was held in City Hall (Heritage Room) on A meeting of the Parks and Recreation Committee Octob r 3, 1990 at 5:00 pm. Alderman George Laking. In attendance were Alderman Mike Gates and Manager, School District ¹43 Also in attendance was 'Larry J. Wheeler, RecreationMarg Gordan were in attendance to discuss Representatives, Sven Urdaltl, Doris Westrand, and a nuinber of shared issues under item No. 1. Item No. l aa 4 su u II h'4 Fwp s'Nms IXI II% ~IE"l% 'ul 11151M Lgi Silly g I,Ill%' I % st I I%SI MINII III I II Parks and Recreation Representatives from School District ¹43 met with the Committee to discuss a number of shared issues. and play areas, 1. Development of Hazel Trembath site confirming Would like the City to push for a letter from Genstar their participation in this project. of a School District ¹43 is prepared to initiate the development received. site plan once this letter has been 2. Scheduling of School Fields. lll1 I School Disbdct ¹43 Reprewmtatlves used when School District is concerned that school fields are being that we are agreed we have closed our Department fields down. They use their not can or can when they not in a positimi to teL1 the schools with District School the provide to agreed fields. Tne Committee a call and to line information on our Field Closure information closing were we when Board School designated representative of the our fields, 3. Future Developments to Hyde Creek Facility. the City would School District representatives wanted to know when Committee expansion. Creek be going ahead with the Hyde and a timeline indicated that Hyde Creek is a high priority project year. should be attached to it early next I of 4. Anticipated Timeline For the Development xiii(, s 'II ~ g IVI I ...2/ I'll, OCT tlf~lll'IIi sl II kits I I RI su ass II) IIII. I I 3 I 5 in I I I I I II'lljl I I ~ uuul isli'IIII 11 1 %II 'tgt il Im II+ II l5 I lg ll,III @ ! IHf@ kllmlt 'I I (1li ~ tR II l when the first School District representatives wanted to know indicated that the Committee construction at Riveiwood might start. However, Spring. the in developed be to first 40+ acres should start the direction of the economy will be a big factor. I li i ti Riverwood. uu liat is -d $90 5. Development of Joint School/Park Sites. School District ¹43 has dev. loped a joint site development agreemeut with the District of Coquitlam. They wanted to know if we would be interested in pursuing a similar arrangement. Committee indicated they wou'd be interested in finding out more about these a-t angements and asked the representatives and asked the representatives to forward some samples ot existing agreements. Sven Urdahl indicated he would forward this information and a copy of a model agreetnent they have developed. 6. Playgromtd Apparatus on School Sites. . 'derman Gates indicated that we have received several requests over the last year or two from parent gro'ups requesting grants to help with playground development. He was wondering how the School Board dealt with these requests. Sven Urdahl indicated they are currently developing a policy to deal with this issue and will forward us a copy when it is completed. Recommendat~ That the presentation by representatives of School District ¹43 be received. Cedar Drive Padrway The attached letters received from the City Solicitors were reviewed. Egco~endatton. 1. That the motion to develop this pathway with Park DCC money be rescinded. That development of this pathway instead be funded from the Capital Budget. 3. That this item be referrecl to Committee of Council for review. 2. Carrie!i Tempered Glas (New Arena) The Recreation Manager reported that the PoCo Minor Hockey Association is interested in cost sharing the installation of tempered glass in the new arena. Alderman Laking requested staff to ensure that tempered glass is safe for '.acrosse as well as hockey. Rcco~~&Id'hat tiNe verbal report t'rom the Recrt.atiou Mana infon us',ion. Girl Guides Request for Free Facilhy Use — 'I'he Recreation ivlanage r reported that the Girl Guides had free use of City meeting facilities (same r s Boy Scouts). It the intent of he recommendation regarding the Boy Scouts was intended to be applied to both organizations. Rec~onttrcndgttorL: Tttat the verbal report from the Recreation Manag Information. Item No. 5 B.C.'s rear of Music The Recreation Manager reported on department efforts to ge the Year of the Music:ctivities in Port Coqu itlatn. Informat distributed through Art Councils aud Chambers of Commerc is currerttly not on the interary because the Coquitlam Area F put in an application and they have a Port Coquitlam mailing discussed this issue with Year of Music staff, and they are curr look to see what they can do. E~cnttn~ngttlo I'hat the verbal report from the Recreation Manage information. ADJOURNMENT The meeting adjourned at 6:15pm. ~g IR ~Ig~j~gssiuzm— l~glaai~lllÃifiass ~ssi~lMLs-=-=—— ~'=RRWurras+'~ Ilglssm~gs gglgym +~!IBg ~EWE %%l~llg~~ MN LIDSTONE, YOUN( „ANDERSON BARRISTERS 0 SOLICITORS '01 - 1803 Douglas Street Victoria, 8 C. VBT SC3 Telephonet ',604) 383-2063 Telecopier. (604) 689-3444 BY 1414 - 808 Nehon Street Box 12147. Nelson Square Vancouver. B.C. V62 2)42 Telephonet (604) 689-7400 Telecopier: (604) o89-3444 TELECOPIER September 27, 1990 K. Janna Taylar Parks and Recreation Director 2253 Leigh Square Port Coquitlam, B.C. V3C 383 Dear Jannas Re: Proposed Cedar Drive Walkway Your File No. L 1290 JT Our Pile 24o. 19-70 Further ta our telephone canversatian today, we canfirm that used interest on development cast charge reserve funds may not be for canstruction of the Cedar Drive Walkway. Although Section 986(5) of the Municioal Act provides that 'nterest earned on money in the park land development cost charge reserve fund may be used for "fencing, landscaping, drainage and irrigation, restroams and changing rooms, play ground and playing field equipment", that authori.ty is limited ta improvements on "park land" owned by the City ar owned by the Crawn and managed by the City (as in the case of parks dedicated by plans of subdivision) . In this case, the proposed walkway is located on land owned by the Crown and shown as "road" on a plan of subdivision. Accordingly, Section 966(5) is not apolicable as no npark land" is involved. However, we confirm that the construction of trails on other areas owned or held by the City as npark land" is a viable use of reserve fund interest, provided the trail construction is integrated with or the construction of decorative rockeries, walls, fencing and a "landscaping" project which involves planting of shrubs and trees similar features. OCT — 3 1990 In any event, the construction of trial improvements on park land with park reserve fund interest is unlikely to result in public controversy. Sincerely, LIDSTONE, YOUNG, ANDERSON l'lYfoA %4NII Grant Anderson GA/2757 cc: Mr. Bryan Kirk, Administrator cc: Mr. Ronald Freeman, Clerk/Deputy Administrator OCT — 3 t990 LIDSTONE, YOUNG, ANDERSON BARRISTERS 50) - 1803 Dou8)aa Street a SOL)C)TOES Victoria. B.C. 1414 - 808 Nelson Sheer V8T 5C3 Box )2147. Nehon Square Telephoner (604) 383-2063 Telecopien (604) 689-3444 Vancouver, B.C. V6Z 2)42 Telephone: (6041659-7400 Telecopier: (604) 689-3444 September 21, 1990 K. Janna Taylor Parks and Recreation Director City of Port Caquitlam 2253 Leigh Square Port Coquitlam, B. C. V3C 3BS Dear Jannal Rec Proposed Cedar Drive Walkway Your Pile No. L 1290 JT Our Pile Na. 19-70 As requested, we have reviewed e your ou memorandum to Council, concerning construction of a public walkwa o dated Cedar Drive road allowance Lambard an al o re iewed thee 1 e t ter between dated September 11 solicitors for Mr. and Mrrs.. CCh ristensen, 1990 from the challen right to construct th e wa lkwa and to fund nging the City s construction from open space development cost charge account. I. Council has authorit y o authorize construction of the walkway. Neither the principal thee in i t crestt in the o p en s.pace developmelnt cost chargenorfund ma be The eforee iif th e project is i to proceed, Council must authorize un ing from some other budgeted ra't Power to Construct the Walkway source. We agree with the Christensen's solicitor that the e deposit of Subdivision Pl an Na. 59612 was to dedicate as a under Provincial C o tha por ion t 't a t ltr ighwayn u * r tt t at'tl a At. OCT — 3 1990+ II,IIIIII IIIIII II.IIIII J(lilt I ~~e — I—~wN ~II1gpi&tI~IIgm-'-'-— g @I, ......))88,-, ~ ''= -"% u~ =. 'ee I/$ — — II/ mI/ iI~ II(m~gglgg )~~II(W)(,, & — - — — /I(~le c":81 'i'll — ce ~ ewllllhwRK are not familiar with the designation "interceptor ditch' shown forms part of the cedar on the subdivision plan but presumably Drive right of way. In any event, the Christensens would likely have no standing to challenge use of the "interceptor ditch" area We it for other purposes as their property is not adjacent to the ditch area and the ditch does not appear,to have been installed for the benefit of their property. We also agree that the City does not own the area shown as road, but rather has the "right of possession" of the roadway, pursuant to Section 571 of the Municioal Act. We further agree that one power relevant to the improvement of the roadway is Section 578(1)(a) of the Municioal Act, which empowers Council, by bylaw, to "authorize the establishment of a highway". However, there are two statutory provisions not referred to in the opinion which are also relevant. First, Section 578(2) (a) empowers Council (by resolution or bylaw) to "construct, maintain and improve highways or any portion of them". That power must be considered in. conjunction with the definition of "highway" in Section 1 of the Municinal Act: "'highway'ncludes a street, road, lane, bridge, viaduct and anv other wav coen to oublic use Accordingly, Section 578(2) authorizes Council, by resolution, to improve any way which is open to public use. In our view, a "highway" need not be improved for automobiles or vehicles improvements for pedestrian use of road allowances come with the power to improve a way open to public use. There is little relevant case law on this point. In Watt v. District of Saanich (1921) 21 B.C.B. 268 (B.C. C.A.) the District cut trees on a road allowance adjoining Mr. Watt's property. He claimed that the trees were unlawfully cut down and claimed damages for the resulting reduction of value to his property. The Court of Appeal held that the plaintiff had no special property in the trees on the highway so as to enable a trespass action. Mcphillips, Z.A. concluded: I fail to see that any cause of action has been established in the appellant Watt for the cutting down of the trees upon the highway adjoining or abutting upon his land. The respondent. is by statute entitled to the possession of the highway, it is in public use, and the respondent, the road authority, in the exercise of its corporate powers was entitled to be in control thereof and was exercising its duty in all that it did, was ensuring the stability of the highway and providing for the safety of the travelling public.". In summary, while the Christensens may petition the resolution authorizing th slut h tha '.t o,to i i o o the travelling public. Use of Development g imp p -ov me i a th he walkway they o d Cost Charges Under section 983(2)(b) of the Munici al Act af "prov~d~ng parkla cost separate reserve fundevelopment char ges s f or each p urp ase.. The are to be paid into Section 985(3) provid relevant portion of vi es as follows& "(3) 3 Money in development cos cchar argee reserve funds, together es on it, cost shall be used only to (a) pay the capital cost af ... pparkl andd acquisition In addition, Section 985(4) prov.'des that po II tho ' b d b 1 1o staff No p arkl andd acquisition is involved in th e construction cedar Drive walkway. Th e 1 and is alread in of the City and the intended y en possession e purpose the of improvement, not. aequi the e xpenditure is aftrail quisi't ion of property. Therefore we a gree with the Christensens'al not so icitars that council thee use u or d develo for the authorize ment c ost charge reserve Cedar Drive walkway. funds Please call if you have an ny questions or comments opinion. regarding this 'he 'ay sincerely, LIDSTONE, YOUNG, ANDERSON !4r(E(f PI).t&W Grant Anderson GA/s z SZ15/1484 cc: Mr. Bryan Kirk, Mr. Ron Freeman, Administrator Municipal Clerk OCT / - 3 )8~$