Rocky View County (RVC) council gave third and final reading to land-use zoning for two proposed aggregate operations along Hwy. 567 despite receiving a letter threatening legal action.

During its July 25 meeting, RVC received a letter demanding they adjourn third reading of the two bylaws until sufficent assessments of the gravel pits impact are completed and further consultation is done with local landowners. The four-page letter details many of the concerns Keith Koebisch, who has a farm and veterinary service near the proposed operations, Rocky View Gravel Watch and others expressed during the two public hearings.

In detail, the letter says RVC council reached their decisions rapidly without sufficient impact assessments of air quality, noise, traffic and the accumulative effects of having several gravel pits in close proximity. The letter further states there was inadequate public consultation in direct contravention of the Rocky View County Plan and Municipal Government Act. It also contests there were procedural mistakes, including incorrect description of the lands at issue and the publication of a public notice containing an incorrect date for public submissions which was corrected one day prior to the hearing.

"In event Rocky View County proceeds with considering and approving the third reading of the Subject Lands, we have been instructed by our client to proceed with an application to the Court for appropriate relief against Rocky View County," concludes the letter signed for Michael B. Nioven, of Carscallen LLP.

Legislative and Legal Services manager Angie Keibel advised council the letter came outside of the public hearing process and should not be discussed or given considered in voting on the bylaws.

The existence of the letter may not have arisen if not for Division 2 councillor Jerry Arshinoff asking for the letter to be read and discussed during the public meeting. That was denied by Reeve Greg Boehlke, based upon the advice of Keibel.

Arshnoff disagreed adamantly, believing it was best for RVC to bring it into the public's eye rather than its author.

Once both bylaws were passed on motions by Division 9 councillor Bruce Kendall, the question of the letter was again raised by Division 4 councillor Rolly Ashton, who successfully motioned for council to go incamera.

"At least [we should] see what letter had in it so we can discuss it in case there is anything that we should do," said Ashton.

After a brief incamera session, no further information was made available.

The bylaws passed by a 7-2 vote, with Arshinoff and Division 3 councillor Margaret Bahcheli opposed.

Potentially, the way has been cleared for three new gravel pits to be established near the existing pit and it has been suggested more applications will follow in the immediate area to tap into the rich vein of aggregate.

READ MORE:

From One Gravel Pit to Four in Less Than a Month