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Legally-worded petition could stop valley project, councillor suggests

'Residents, if this is important to you, do not let your energy be diminished by the (project) delay, but to very clearly articulate your position and be prepared for the expense and hassle of a legally-worded petition'
Swanson, Brian 7
Coun. Brian Swanson. File photo

Residents could halt the proposed Wakamow Valley development project by bringing a legally-worded petition to city council demanding that the Official Community Plan be left alone, a city councillor believes.

“My experience tells me that the only way for this to be stopped is for a legal petition to be raised by residents and brought forward … ,” said Coun. Brian Swanson.

“Residents, if this is important to you, do not let your energy be diminished by the delay, but to very clearly articulate your position and be prepared for the expense and hassle of a legally-worded petition that will call upon the council of Moose Jaw to not change the Official Community Plan (or) allow the residential development in a flood plain.”

Citizens were expected to provide feedback on the proposed River Pointe Park subdivision and amendments to the Official Community Plan (OCP) at the Oct. 19 regular meeting, but city administration cancelled council’s decision and pushed public consultations into 2021. That didn’t deter four residents from speaking during the meeting about the community’s opposition to the project.

Council then discussed the issue after the presentations.

The OCP is important

The developer and city administration have worked on this project for 18 months and the project proponent requested a change to the OCP six months ago, which means someone at city hall controls when this comes forward, said Swanson, who pointed out the city spent plenty of money to create the document nine years ago.

During the Sept. 21 meeting, city administration said it was comfortable with the project proceeding — even though there were still outstanding reports to come — while public consultation and a bylaw amendment vote would happen Oct. 19.

“It’s very distressing to me, that after the motion passed to proceed and the (public notice) advertisement placed, that that got called off and the excuse given us was there are still reports to come forward, when that point was made clearly on Sept. 21,” said Swanson, who believed developer Charles Vanden Broek was surprised by the community pushback and asked for a delay.

If the proposed OCP bylaw amendment had come for a vote, it would not have received unanimous approval and would have become the new council’s responsibility to approve, he continued. The new council would then have 45 to 47 months left to deal with the fallout.

“I think the accountability that goes with that was a major factor in why this was delayed,” Swanson added. “I would urge those voters, when you see a candidate saying, ‘Well, I need to see all the information and the studies,’ that’s code for they will vote to go ahead with this.”

Building in the flood plain

This project would be built in a flood plain, but the municipality has spent 40 years buying up properties in such areas, said Coun. Crystal Froese. She pointed out that the Seventh Avenue Southwest bridge — adjacent to the proposed development — is closed because a flood damaged it in 2015.  

Froese has dealt with many concerned residents while on council, but this issue has produced a flood of complaints. Her inbox is full, while she spends several hours daily returning phone calls. She believes this matter has surpassed the garbage collection problem 10-fold.

“It’s one of the things I love about this community: you ask and they give an opinion loud and clear,” she added. “And I think we’ve heard this loud and clear that they are not in favour of this or (of us) opening the Official Community Plan.”

The democratic process

The garbage collection issue is a decision council pushed forward, while there was also a process that allowed residents to express their opposition to it, said Mayor Fraser Tolmie. That input is important, especially on this issue, since the democratic process — which he values — encourages residents to speak up.

“I think that’s important to hear the passion of the community and what’s deep-rooted,” he added, “and what they believe in and what they want to preserve.”

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