Town won’t budge on Keyland sewer request
By Shawn Logan
The Eagle
Cochrane’s mayor says the town is making its “final stand” with a developer that is negotiating, with provincial assistance, a water and sewer access agreement that would bring permanent servicing to Bow Valley High school.
Town council met for around 90 minutes behind closed doors with the town’s legal counsel Oct. 24. Mayor Ken Bech said Oct. 25 the town won’t back away from its requirements for a sewer right-of-way on a piece of property owned by Keyland Development Corp., which neighbours Bow Valley.
“This is our final stand,” Bech said. “It’s gone on long enough.”
The latest chapter in what has been a contentious relationship between the town and Keyland raises doubt about when Bow Valley will see the permanent water and sewer services it has lacked since it opened in 2000.
Keyland is also embroiled in a $58 million lawsuit with the town, two of its staffers and the Municipal District of Rocky View, charging they conspired to force the developer to build a $6.5 million bridge across the Bow River to the property.
Last year, then-learning minister Lyle Oberg pledged $2 million (now $3 million) to service the school that has had to ship in water and truck out waste despite its proximity to the town.
Keyland and the town entered into mediated talks last summer with the announcement of the provincial funds, but the town’s requirement for a right-of-way access to the main sewer line to Calgary appears to have held up an agreement.
The issue was raised publicly during a hearing before the Municipal Government Board, which was considering Keyland’s appeal of a number of conditions of development imposed by the town.
The town’s right-of-way requirement, about 25-30 feet from the main sewer line, was approved by the MGB despite warnings from Keyland’s lawyer that the developer would demand the sewer line be removed from the property if the right-of-way was approved.
Hugh Ham argued that the setback could cost the developer the revenue from 40 to 50 homes that could not be built.
The sewer line to Calgary sits on Keyland’s property while a water line must cross the Bow River and would be most easily accessible from the developer’s land.
According to Bech, the town needs the right-of-way in case the line needs maintenance or upgrading.
Bech said Municipal Affairs Deputy Minister Dan Bader, who is negotiating with both sides, asked if the town would consider re-thinking its right-of-way requirement.
“We are very adamant in saying ‘No, we will not back down from that position,’” Bech said. “This isn’t new. It’s normal and it’s expected.”
Asked if the matter was a deal breaker, Bech noted Keyland has also expressed a strong opinion on the right-of-way requirement.
“My understanding is that they see this as very important that (the requirement) is severed,” he said. “Probably as important as (our position that) it is not severed.”
Keyland’s Ray and Rosina Smith, and their lawyer Hugh Ham, could not be reached for comment Oct. 25.
Bech noted if Keyland doesn’t relent, the town will look at a “second option” to bring water and sewer to the south side of the Bow River.
“We would look at a second option in the spring of 2006,” Bech said. “We have alternative options to pursue.”
He said the alternative solution would require the town’s sewer line be constructed across the Bow River. The water line would have to cross the river regardless of the solution.
Bech ruled out the possibility of legal action from the town.
“We’re looking to solve a problem; we’re not looking to start another lawsuit,” he said. “We’re doing everything we can to facilitate and ensure we protect the best interests of the community.

