The Bearspaw Marina's future was debated at a lengthy public hearing by Calgary City Council on Tuesday, May 6.
The controversial marina sits on a floating dock on the edge of the reservoir, a segment of the Bow River just outside northwest Calgary limits in Rocky View County.
It was installed last summer by Rick Skauge as an independent business that rents out canoes, kayaks, and stand-up paddle boards to people along a beach area near Haskanye Legacy Park.
The City of Calgary announced earlier this year that they plan to block access to two road allowances through the park, which is currently the only way to reach the reservoir.
Furthermore, concerns of safety have brought the Bearspaw Marina to public attention.
The City says the marina has twice been illegally established near an active hydro-electric facility and lacks permits, noting the reservoir is not intended for public use since intake systems for Calgary's drinking water are nearby.
TransAlta, the company that collects energy from the Bearspaw Dam, had also cited safety and environmental concerns.
Skauge argued a public access road that pre-dates TransAlta's ownership of the land gives him and the public access to the water. He owns an adjacent tree farm that offers water access as well as a private dock.
The re-designations went through the Calgary planning commission on April 10 and then to the public hearing on May 6 where representatives from TransAlta argued for road acces to be closed and for the surrounding land - which they said is being leased by their company - to be redesignated to stop further confusion.
"It's been a problematic process," Skauge said in opposition. "We weren't notified that this was happening until a few weeks ago. There has been no public insight or public input sought by the City."
Chief among the closure argument was concerns over significant water fluctuations of two meters as well as fears that no emergency response could acces the reservoir - with ultimately no agency providing enforcement.
Ward 9 Councillor Gian-Carlo Carra raised the question of why this matter was even before council if the marina is not physically in Calgary.
The marina technically exists inside Rocky View County (RVC) while the roads leading to it are in the jurisdiction of The City of Calgary. RVC has issued statements in the past, noting the marina does not fall under their jurisdiction.
Because of its complex location, the marina did not require a business license from the City or County.
City of Calgary Administration said closing the roads was an act of being "a good neighbour" to ensure safety.
Skauge argued his business enforces life jacket rules and does not rent motorized watercraft while maintaining there have never been accidents on the water.
"I'm providing affordable family friendly recreation," Skauge insisted. While he acknowledged he had received numerous cease and desist letters from TransAlta, Skauge argued the company does not own the land.
Skauge brought along family members and friends who highlighted the good that the marina has done and opportunities it has given, calling the water level adjustments "an excuse."
The marina officially opened up for the season on May 1, advertising boat rentals on its Facebook page.
Skauge said if the roads are closed, his business will be jeopardized and residents will be denied recreational water use, citing 323 responses sent to the City of Calgary in opposition of closing road access.
He also said the Haskanye family wanted kids to be on the lake and would have never donated the land for the park if they would have known the City would not allow access.
Ward 2 Councillor Jennifer Wyness brought up the Glenmore Reservoir, noting that people have access to it and asking if is hypocritical to allow access to one and not the other.
TransAlta said that other nearby reservoirs are on Crown land and can therefore be accessed by people, but this does not apply to Bearspaw. They cited the Ghost River Reservoir as an example of another TransAlta run reservoir that has a government regulated dock for public use.
Ultimately, Calgary council voted 10 - 3 in favour of closing road access through Haskanye Legacy Park and 9 - 3 (with Mayor Joyti Gondek abstaining) to redesignate the land for ownership clarification. Councillor Carra was singularly the only member strongly in favour for keeping access open to the marina.
While TransAlta representatives said they mail out yearly letters to land owners reminding them there no boat access, they acknowledged that the company is open to studying the reservoir in regards to environmental impacts and safety.
"We've had numerous meetings with marina owner, but unable to come up with an appropriate solution as of right now," TransAlta's lawyer confirmed.
A Trilateral Task Force consisting of The City of Calgary, TransAlta, and Rocky View County is also currently in existence as a way to come up with a usage strategy. Skauge said he has never been invited to be part of the task force, but is opening to working with them to reach a solution.
With limited access to the Bearspaw Reservoir, the marina announced on it's Facebook page that it is not in operation following the hearing.
"While we consider our next steps, the marina will be closed temporarily," their Facebook page states. "We are actively exploring all options to restore public access to the reservoir, including discussions with the Trilateral Task Force."
The post encouraged people to stay tuned for future petitions and public engagement opportunities.
"Thousands of Calgarians have already expressed their support for the marina, and we’re determined to find a way to bring this beloved community resource back," the post read.
