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Turner Valley council approves road closure bylaw

Town bound to 2007 land exchange agreement, according to legal advice.
Imperial Drive East 7750 BWC
Walkers on Imperial Drive could be a liability issue for the Turner Valley Golf Club, which now owns the property. (Brent Calver/Western Wheel)

A reluctant council made the final move to close a paved road at Turner Valley’s east side that’s become a popular recreation area for residents.

After seeking legal advice this month, Turner Valley Town council passed third and final reading of a bylaw at its Jan. 20 meeting to close 1.72 hectares of Imperial Drive from the Diamond Valley Villas east to the Turner Valley Golf Club.

The land will transfer ownership from the Town to the golf club, as was agreed upon in a 2007 land exchange agreement that was struck between the Town, golf club and Kana Gateway Development.

“Based on the legal advice that we were given, it looks like we have no alternative for not proceeding with this,” Coun. Cindy Holladay told council before voting on Monday.

“As I said at the last meeting, I’m not happy with it. I don’t think it benefits our residents, especially with area C (Imperial Drive between the Royalite subdivision and golf club). I will be voting in favour very reluctantly.”

Council passed second reading of the bylaw at its Jan. 6 meeting, but refused to move further until administration provided a map of land to be transferred as identified in the land exchange agreement and sought legal advice regarding specifics of the agreement.

Coun. Lana Hamilton said legal advice to move forward on the agreement was clear.

“I think we do need to remember that it’s a bylaw going back originally to 2007 – that’s when it was approved by council,” she said. “It’s unfortunate for this council to be working with documentation that’s 12 to 15 years old and try to understand and work our way through it.

“We’ve done a lot of digging and asked a lot of questions. I’m comfortable at this stage in supporting a motion to approve third and final reading.”

The road closure bylaw was originally prepared in 2006, approved by Alberta Transportation and given third reading by council in 2007, however it was never registered at Land Titles for unknown reasons, Gerry Melenka, Turner Valley director of development and infrastructure, told council in late 2018.

At that time, council passed first reading for the bylaw and later held a public hearing where five residents spoke against the proposal due to concerns of the road being closed to pedestrian traffic.

Coun. John Waring, who also voted in favour of third and final reading with the understanding that the agreement is a legally-binding contract, said he still has concerns about the land transfer resulting in the closure of Imperial Drive to foot traffic. He said the road is heavily used by walkers, cyclists and wheelchairs.

“That’s been the only access for people that live south of the river to easily walk through to Black Diamond,” he said. “We’ve got a lot of elderly people that live up in that area whose one main form of recreational pursuit is walking.”

Waring said an alternate walking trail should be established for the benefit of residents, and soon.

“I would like to see us as a council and an administration work swiftly with the golf course to provide an alternative route so that it’s up and running, not in 10 or 15 years time like this has been but before the start of the 2021 golf season,” he said. “I can see we can’t do it this year, but I certainly hope to see it up and running next year.”

Mayor Barry Crane said all conditions of the three-way agreement have been meet, so it’s council’s responsibility to see it through.

“For us to not follow that would not look favourable for any other contracts in the future,” he said. “We look forward to working with the golf course in any future endeavours and whatever we can do to increase green space for citizens and all the beautiful things that come with it.”

At council’s Jan. 6 meeting, Crane had invited Turner Valley Golf Club general manager J.D. Scheller, who was in the gallery, to speak about the business’s plans regarding the road.

Scheller said allowing pedestrians on Imperial Drive after the land is transferred to the golf club would become a liability issue, but assured council the golf club will work with the Town to find an alternate route for pedestrians.

“If we can get this agreement done we will
definitely talk about a second walkway or something,” he told council on Jan. 6. “This is 13 years this is going on. We need to get this done. We have no problem doing another negotiation once that gets done.”

The only councillor to vote against Monday’s motion was Deputy Mayor Garry Raab.

“We’re always elected to do our best for the residents of Turner Valley,” he said. “When I look at this agreement… it’s not in the best interest of the Town of Turner Valley and has extremely negative consequences for the residents of Royalite.”

Raab expressed concerns that the Town is giving up over a kilometre of “beautiful paved road” and in return gains a narrow strip of land. He said while the land being exchanged is close to the same size, just over three acres, half of the land the Town is receiving is on an embankment.

“I don’t see much value in that, but there is value in the top land for sure,” he said. “I don’t know who was representing the town at that time. That was not in our best interest.”

In speaking with residents who live near the golf course, Raab said many are upset by the agreement requiring the road to close to the public.

He added that many felt their voices were never heard.

“Historically, Royalite was the most prestigious area of our town,” he told council, adding Royalite residents were instrumental in developing the golf course and now can’t travel through the golf course on a road that’s been in existence for decades.

Coun. Jamie Wilkie did not vote as he wasn’t present at the December 2018 public hearing. Wilkie joined council following a byelection in 2019.

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